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 >> Good afternoon and welcome to the City of Denton's Planning and Zoning Commission

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 meeting for Wednesday, August 23, 2023.

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 This is our work session and with the quorum present, I'll call us to order at 5.01 p.m.

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 Let the record show that Commissioners Pruitt and Anderson are absent at this time.

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 First item on our work session is citizen comment for consent agenda items.

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 Is there anyone wishing to speak here on that?

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 Okay.

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 Seeing none, we'll move on to clarification of agenda items.

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 On tonight's agenda, first one are minutes from August 9th.

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 Any questions on those, Commissioners?

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 Okay.

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 How about on consent agenda?

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 Julie, I did have a quick question on 3B.

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 Thank you.

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 >> You bet.

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 Let me pull up the --

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 >> Okay.

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 All right.

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 >> I just wanted General Note 9 a little more clarified.

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 I don't recall seeing that before.

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 And I'm wondering what -- what does it mean?

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 >> I'm going to have to zoom in.

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 >> Oh, I hear that.

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 I just did.

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 If you don't mind, let me just --

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 Perfect.

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 That is related to our gas well ordinance that if you recall, we added a provision in

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 previous ordinances that they had to send that notification to property owners within

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 1,000 feet of that well.

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 So it really is just that standard note that Robeson negotiated as part of that.

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 >> Okay.

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 So that's something -- and it just says will be provided?

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 >> Yes.

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 It is typically -- it is something that needs to be -- a notification needs to be recorded

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 with the county as part of the -- with the final plat.

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 >> Okay.

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 That was my question.

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 >> Yes.

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 >> Because this is the preliminary plat.

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 >> Preliminary plat.

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 Yes, ma'am.

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 >> Okay.

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 Perfect.

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 That's the clarification I needed.

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 Anybody else?

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 Commissioner Cole.

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 >> Thank you, Chair.

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 Julie, you know, when we get these backups, when we try to drill in and look at the adjacent

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 property owners?

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 >> Hard to see.

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 >> It's hard to see.

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 >> Okay.

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 >> I need to know what the north of there, the property owner, is it?

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 >> Maybe this will help.

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 Let's -- we're going to zoom in again, if you don't mind.

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 And we'll look at that vicinity map.

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 This property is kind of buried in the center of Robeson.

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 Do you want me to find maybe a different map to show you?

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 >> I just need to know where that line is to the north.

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 Because I cannot get it in the backup.

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 >> Okay.

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 >> I just need to know if that's us or not.

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 >> Okay.

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 I'll find out for you, sir.

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 >> I'm sorry.

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 Mine or not.

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 >> Sure.

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 >> And I can't do that by the backup.

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 >> Absolutely.

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 I can find out.

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 And I'll make sure on Robeson properties from now on that I'll kind of try to make that

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 a little clearer for you, sir.

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 >> Thank you so much.

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 I appreciate that.

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 >> Are you trying to ascertain whether or not you might need to recuse yourself?

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 >> Yes.

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 >> Okay.

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 All right.

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 >> Exactly.

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 >> Okay.

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 We'll get you that information.

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 >> I'm just trying to do the right thing.

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 Every time.

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 That's the way I operate.

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 >> You're always very conscientious of that.

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 So I appreciate it.

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 >> Thank you.

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 >> Thank you.

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 >> Anything else on this one?

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 Or anything else on consent?

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 >> Okay.

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 Thank you.

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 >> Thank you.

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 >> Thank you for doing that.

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 Okay.

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 We'll go to individual consideration items for A. That's Mia's item.

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 Good evening, Chair, members of the commission, Mia Hines, associate planner.

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 This item is a final replat at this time or located at the northwest corner of Panhandle

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 Drive and Heritage Trail inside of Razor Ranch.

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 At this time, they do not meet our criteria for approval for final replats, and so we

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 are recommended denial, but we have no objection to their requested extension, which could

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 be granted until September 13th of 2023.

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 >> Perfect.

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 Any questions on this one?

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 Good.

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 Thank you.

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 I think you've got the next one, too.

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 >> Yes, ma'am.

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 >> Hello, Commissioner Anderson.

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 >> This item, FR23-0014, is another final replat within the Razor Ranch overlay area,

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 but this one is north of University, located just east of I-35, again, same as the one

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 before.

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 They are not meeting all of our criteria for approval for final replats at this time, but

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 we have no objection to their requested extension, which could be granted to September 13th,

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 2023.

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 >> Great.

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 >> Any questions?

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 >> Questions?

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 Okay.

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 Thank you very much.

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 This 4C and 4D have been withdrawn by the applicant, so we will not be taking action

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 on those items.

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 So that will take us to one more individual consideration item, that's 4E, and I think

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 that's Julie's item.

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 >> Good evening, Julie Wyatt, and this is a final plat for Townsend Green.

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 It is a single-family residential development, located on the south side of McKinney, situated

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 in the east part of town.

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 They do have a preliminary plat approved.

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 They do have some items they still need to work through on this final plat, so staff

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 is recommending denial.

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 However, we have no objection to their requested extension, and I will be happy to answer any

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 questions.

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 >> Great.

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 Questions for Julie?

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 >> Great.

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 Thank you.

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 >> Thank you.

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 I think you can stay right up there, because we're on the public hearing item, which we

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 have one tonight, and it is yours.

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 I'll let you give us a summary of that, and we can take some questions.

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 >> I left my notes over there, so if you'll ask anything hard, I'll have to --

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 >> Okay.

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 >> All right.

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 Good evening, Julie Wyatt, DCA 23-0001.

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 This item is related to reasonable accommodation, group homes, community homes, and elderly

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 housing.

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 I won't go through the whole presentation right now, I just want to give a summary,

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 unless you want to go through those items, and we certainly can.

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 So the proposal is to update the city's regulations related to these -- to that reasonable accommodation,

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 group homes, community homes, and elderly housing.

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 It involves quite a bit of the Denton Development Code, subchapter two, that administration

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 and procedure section, that's related to the reasonable accommodation.

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 The use regulations, not only the table of permitted uses, but also the use-specific

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 standards and that maximum persons occupying a dwelling.

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 We're also proposing changes to parking related to these uses, and some changes to the definitions.

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 This is an item that we realized we really needed some work on in our code.

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 It had been -- these provisions had been modified over the years, not only with the 2002 Denton

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 Development Code, but then taking it forward to the 2019, and we realized we kind of had

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 a franking code, and we needed to kind of take a wholesale look at it and make some

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 recommended changes.

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 This has gone through our DCRC, our Development Code Review Committee.

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 We had five meetings.

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 We talked about it, probably five or six hours.

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 I know some of y'all are on that committee, so you know how long we talked about it.

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 So tonight we'll be talking kind of a truncated version of that.

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 I won't talk for five hours, I promise.

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 But based upon the DCRC recommendation, the need to make these updates to the Denton Development

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 Code and the criteria for approval, staff will recommend approval of these changes,

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 and I'll be happy to go over them in more detail if you'd like.

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 >> I did have one question written down here.

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 We've got on one where I think it's in the general office where we're changing that,

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 and we've got the affecting one property and needs a city-initiated zoning.

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 What's the plan for that?

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 >> Well, this will -- the next steps for this -- and you're exactly right.

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 And so the next steps for this is to go to these code amendments to go to the Committee

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 on Persons with Disabilities in September and then council thereafter.

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 If it's approved, we would then start as a staff that city-initiated rezoning to move

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 forward with the rezoning of that property.

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 It's kind of skipping ahead, but I'll go -- because of state law changes, we do notify those property

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 owners that you may become nonconforming because of this.

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 >> That was my next question.

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 >> We've actually talked to the property owner, and so we sent out the notification -- we

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 call it the 929 notice -- to the property owner as well as all of the residents there.

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 So we have fielded -- we thought we'd get a lot more calls.

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 We have fielded a few calls about that, and so it is -- it's not our intent to make them

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 nonconforming.

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 It really is the intent to kind of tighten up those regulations in GEO to make sure that

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 we've got compatible uses and then to help them move forward with a rezoning that matches

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 our future land use in the surrounding zoning.

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 >> Okay.

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 So you talked to that property owner.

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 They understand what's happening and -- >> Yes.

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 >> And you've got a plan going forward.

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 That's what I mean.

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 >> We do.

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 We don't have exact dates, but we do have a plan going forward.

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 >> Okay.

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 Perfect.

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 That answers my question in there.

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 Anybody else?

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 Yeah, there's a whole lot of information there, so it'll be a good presentation.

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 Yeah.

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 Okay.

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 Thank you.

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 Okay.

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 That is our one public hearing for tonight.

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 So then we'll move back onto our work session agenda, which is about one report, and that's

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 Receive a Report, Hold a Discussion Regarding Recently Passed Legislative Bills.

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 And I think Ron is starting this, and then I'm going to tag team with some others.

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 Right?

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 Hi, Ron.

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 >> Good afternoon, Chair, members of the Commission.

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 Yes, there will be a number of staff members working and presenting this item as well.

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 So let me go ahead and pull the presentation up.

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 So this presentation is really to cover the 88th legislative session that occurred this

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 year, earlier this year.

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 The session started in January and ended in May, late May specifically.

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 During the regular session, there were two special sessions that occurred.

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 The main reasons for those special call sessions primarily were related to the property tax

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 relief that the governor wanted to have further discussions on.

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 So that ended.

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 And so what I wanted to share with you all is just a real recap, an overview of what

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 was heard, what was filed with the legislative.

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 There were 8,000 bills filed, that is, in that regular session and subsequent special

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 sessions.

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 That's approximately 14% more than what was filed last year, so significantly more.

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 There were about 770 bills related to cities that would potentially impact cities.

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 That's approximately 10% of those bills filed.

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 And throughout the process, throughout the session, regular session, there were 76 bills

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 that were vetoed by the governor.

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 So there is some talk about having another special session in the future to address those

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 76 bills that were vetoed by the governor.

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 The timeline for that is really unknown, but it's anticipated sometime either October or

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 November of this year.

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 So that's something that will be coming up again later this year.

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 Of the 770 bills that were filed that passed that are affecting -- that are related to

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 cities, 76 of those bills -- I'm sorry, 250 of those bills may directly or indirectly

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 impact the city.

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 So that's what we'll be talking about today.

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 Primarily of those 250 bills, 18 to 20 are related to the development process or regulations

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 that we have here.

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00:12:44,960 --> 00:12:52,080
 Wanted to also share that on July 25th, 2023, I think some of you may have heard or actually

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 watched or even listened live.

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 There was a presentation by our chief staff of Ryan Adams that presented basically a more

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 higher level and some more information related to these bills.

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00:13:06,280 --> 00:13:11,880
 Now they only presented a portion of it, but what we have today for you today is a little

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 bit more in terms of those bills that again affects the development processes and regulations.

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 So we'll get into that in the next coming slides, but I wanted to introduce this presentation

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 and like I said earlier and the chair mentioned, we will have a number of different staff members

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 presenting those individual bills, discuss what they are and how they potentially can

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 impact or have impacted the city's process.

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 So with that, I'm going to ask Charlie to come up and we'll go through these one bill

253
00:13:42,640 --> 00:13:43,640
 at a time.

254
00:13:43,640 --> 00:13:48,200
 So thank you.

255
00:13:48,200 --> 00:13:49,200
 Good afternoon.

256
00:13:49,200 --> 00:13:51,440
 Charlie Rosendahl, Development Services.

257
00:13:51,440 --> 00:13:58,040
 So the first bill that we have here is Senate Bill 2038, which allows for the release of

258
00:13:58,040 --> 00:14:00,320
 property from the ETJ.

259
00:14:00,320 --> 00:14:07,720
 It allows property owners to pursue that release by petition and if they meet a majority of

260
00:14:07,720 --> 00:14:11,440
 the signatures required for the area that they're submitting for, then the city has

261
00:14:11,440 --> 00:14:13,320
 to release that.

262
00:14:13,320 --> 00:14:16,840
 There's a second way that they can do it through election as well so they can petition the

263
00:14:16,840 --> 00:14:23,180
 city to hold an election for the release of that property from the ETJ.

264
00:14:23,180 --> 00:14:29,160
 So currently our response to that is we've developed an application to allow for somebody

265
00:14:29,160 --> 00:14:36,120
 to submit for that petition and then we're still assessing the impacts that those have

266
00:14:36,120 --> 00:14:43,480
 on NAAs and then recorded de-restriction and water rights.

267
00:14:43,480 --> 00:14:44,480
 Commissioner Smith.

268
00:14:44,480 --> 00:14:45,480
 Thank you, Chair.

269
00:14:45,480 --> 00:14:49,440
 Charlie, on this one, you talk about when I read the bill and said the majority of the

270
00:14:49,440 --> 00:14:53,800
 area, how is that defined in the bill?

271
00:14:53,800 --> 00:14:57,440
 They would define the area when they submit the petition.

272
00:14:57,440 --> 00:15:03,000
 These boundaries in this area and there's 100 residents in this area and 51 have signed

273
00:15:03,000 --> 00:15:04,860
 the petition and that would be a majority.

274
00:15:04,860 --> 00:15:10,240
 And those petitioners have to be registered voters as well.

275
00:15:10,240 --> 00:15:16,120
 But if it's something like it's one property owner and they sign one petition, there's

276
00:15:16,120 --> 00:15:23,880
 one signature, that one property could be released.

277
00:15:23,880 --> 00:15:27,840
 And then the only changes that would make on this because I know it's been brought up

278
00:15:27,840 --> 00:15:35,340
 a number of times, 2038 is going to make it to where the ETJ can be released from, people

279
00:15:35,340 --> 00:15:39,720
 can release their land or their area from the ETJ.

280
00:15:39,720 --> 00:15:44,100
 Basically it just means that there is no longer, I know there's impacts to NAAs and de-restrictions

281
00:15:44,100 --> 00:15:46,860
 and waste water and services in that area.

282
00:15:46,860 --> 00:15:51,440
 But essentially the only other thing that's not on there is what interlocal agreements

283
00:15:51,440 --> 00:15:52,440
 that would be.

284
00:15:52,440 --> 00:15:54,820
 There's no longer a need for an interlocal agreement because now they're just solely

285
00:15:54,820 --> 00:15:57,720
 in the county and not in an ETJ at all.

286
00:15:57,720 --> 00:16:02,080
 Basically it's our platting authority is the only thing that this city would lose through

287
00:16:02,080 --> 00:16:03,080
 this.

288
00:16:03,080 --> 00:16:08,120
 We have some permitting that goes along with this, but it's related to city assets like

289
00:16:08,120 --> 00:16:13,000
 public roadways or culverts or approaches, driver approaches.

290
00:16:13,000 --> 00:16:17,400
 But the platting authority through our interlocal agreement with Denton County is what would

291
00:16:17,400 --> 00:16:21,360
 be impacted if somebody released themselves from the ETJ and that platting would go to

292
00:16:21,360 --> 00:16:22,360
 the county.

293
00:16:22,360 --> 00:16:29,520
 - I'm gonna word this question carefully, an educated property owner or property owners

294
00:16:29,520 --> 00:16:36,000
 would do this so that they could avoid the platting requirements by the city, essentially,

295
00:16:36,000 --> 00:16:37,000
 correct?

296
00:16:37,000 --> 00:16:38,000
 - Potentially.

297
00:16:38,000 --> 00:16:40,720
 - Potentially.

298
00:16:40,720 --> 00:16:43,720
 - One of the additional things, thanks for bringing that up too, is we're working on

299
00:16:43,720 --> 00:16:50,280
 a one-page pros and cons list for somebody that potentially wants to do something.

300
00:16:50,280 --> 00:16:57,480
 There's some benefit to staying within the city's ETJ, possibly annexing in the future.

301
00:16:57,480 --> 00:17:01,920
 So that's gonna be provided along with the petition.

302
00:17:01,920 --> 00:17:02,920
 - Thank you.

303
00:17:02,920 --> 00:17:03,920
 - That's a good idea.

304
00:17:03,920 --> 00:17:06,120
 - I was just saying, I would just add, I mean, one of the things that we've been working

305
00:17:06,120 --> 00:17:11,800
 with Hillary and her colleagues on our legal team is, especially if someone does petition

306
00:17:11,800 --> 00:17:16,680
 to have themselves released from the ETJ, but later on that property owner, whether it's

307
00:17:16,680 --> 00:17:20,480
 the same property or a subsequent property owner of that property wants to annex into

308
00:17:20,480 --> 00:17:24,680
 the city, then what's the vehicle to get them back in to be able to annex?

309
00:17:24,680 --> 00:17:31,960
 Because it's clear in statute that annexation can be done as a result of annexing in properties

310
00:17:31,960 --> 00:17:33,080
 from the ETJ.

311
00:17:33,080 --> 00:17:38,240
 So there's still some things that have to be worked through on that.

312
00:17:38,240 --> 00:17:44,320
 - Something else just to that, that will affect if there was a widespread annexation, I shouldn't

313
00:17:44,320 --> 00:17:52,560
 say so, a widespread release of ETJ that would end up impacting some of our future ETJ borders,

314
00:17:52,560 --> 00:17:53,560
 correct, as well?

315
00:17:53,560 --> 00:17:58,520
 That, 'cause the ETJ is defined as what, five miles from our city limits, correct?

316
00:17:58,520 --> 00:17:59,520
 - Correct.

317
00:17:59,520 --> 00:18:07,200
 - And so does release from the ETJ, does that then stunt or lessen that five, it's still

318
00:18:07,200 --> 00:18:14,920
 city limit lines, so there could be basically pockets of areas that are not the ETJ, pockets

319
00:18:14,920 --> 00:18:20,360
 that are, we could end up having pockets that are annexed in the city, pockets between those

320
00:18:20,360 --> 00:18:21,840
 that are not, correct?

321
00:18:21,840 --> 00:18:26,420
 - Yeah, it could be a patchwork after, if somebody were to release themselves from the

322
00:18:26,420 --> 00:18:33,720
 ETJ, it could be a patchwork of city limits, you know, then county ETJ on the other side.

323
00:18:33,720 --> 00:18:36,040
 - Okay, got it, thank you.

324
00:18:36,040 --> 00:18:38,320
 - Is a picture of Swiss cheese coming to mind?

325
00:18:38,320 --> 00:18:41,160
 I mean, it's kind of what it comes down to, but yes.

326
00:18:41,160 --> 00:18:42,160
 - Go ahead, Cole.

327
00:18:42,160 --> 00:18:43,160
 - Thank you, Chair.

328
00:18:43,160 --> 00:18:48,920
 But the, you know, the existence of ETJ1 and ETJ2 is still unaffected, correct?

329
00:18:48,920 --> 00:18:49,920
 - Right, yeah.

330
00:18:49,920 --> 00:18:54,160
 - So two is out of our grasp, right?

331
00:18:54,160 --> 00:19:00,840
 - Yeah, it wouldn't have, so effectively there wouldn't be any impact if, for ETJ2, we don't

332
00:19:00,840 --> 00:19:07,640
 plat in ETJ2, so this wouldn't, the platting authority that somebody releasing themselves

333
00:19:07,640 --> 00:19:10,480
 from the ETJ wouldn't have any impact on ETJ2.

334
00:19:10,480 --> 00:19:11,840
 - Okay, thank you.

335
00:19:11,840 --> 00:19:16,760
 - It's almost like it, if somebody was within ETJ1 and requested to release their property

336
00:19:16,760 --> 00:19:22,120
 from the city's ETJ, it almost is like it's treating it like very similar to ETJ2 property.

337
00:19:22,120 --> 00:19:24,640
 It's just we're not calling it ETJ anymore.

338
00:19:24,640 --> 00:19:28,800
 And to the question about our interlocal agreement, you know, I think this is something else, we've

339
00:19:28,800 --> 00:19:31,920
 always been talking with the county about possibly doing some updates to that interlocal

340
00:19:31,920 --> 00:19:36,520
 agreement, so this would just be another item that we would have to factor in as we work

341
00:19:36,520 --> 00:19:40,560
 on that update when that time comes.

342
00:19:40,560 --> 00:19:41,560
 Great questions.

343
00:19:41,560 --> 00:19:43,560
 - Yeah, any more questions on that one?

344
00:19:43,560 --> 00:19:45,000
 - Yep, go ahead, Charlie.

345
00:19:45,000 --> 00:19:48,380
 - All right, the next one is House Bill 3492.

346
00:19:48,380 --> 00:19:56,040
 So this one is preventing counties or municipalities from imposing value-based fees.

347
00:19:56,040 --> 00:19:59,720
 This doesn't impact development services fee schedule.

348
00:19:59,720 --> 00:20:03,960
 If you'll recall, in 2019, we did a fee study and adopted fees.

349
00:20:03,960 --> 00:20:10,400
 That fee study was based on the time spent by staff to recover our costs for fees that

350
00:20:10,400 --> 00:20:13,880
 we charge for development in Denton.

351
00:20:13,880 --> 00:20:18,120
 The one that is gonna be impacted is capital projects.

352
00:20:18,120 --> 00:20:24,480
 They have a public works fee that was a value-based fee, and they charge 3.5% of the public improvements

353
00:20:24,480 --> 00:20:26,520
 currently.

354
00:20:26,520 --> 00:20:32,320
 That was adopted by city council last week to be updated to an hourly rate, and then

355
00:20:32,320 --> 00:20:36,040
 they're gonna charge based on an hour moving forward.

356
00:20:36,040 --> 00:20:38,640
 - Commissioner Smith.

357
00:20:38,640 --> 00:20:46,000
 - How does that relate to like another one of the fees that we've updated recently was

358
00:20:46,000 --> 00:20:47,680
 parkland dedication?

359
00:20:47,680 --> 00:20:52,840
 I can't remember, it's vague remembrance of how that parkland dedication fee was done,

360
00:20:52,840 --> 00:20:58,040
 but if I remember it was, in lieu of dedication, it was a certain dollar amount per acre.

361
00:20:58,040 --> 00:21:00,160
 Is that a value-based, or is that a?

362
00:21:00,160 --> 00:21:02,600
 - No, this wouldn't impact the parks development fee.

363
00:21:02,600 --> 00:21:06,640
 - I didn't know how that, where the lines on value-based would be, if it's like, well,

364
00:21:06,640 --> 00:21:10,640
 if you're saying it's a per acre basis or something like that, that it would be value-based.

365
00:21:10,640 --> 00:21:15,400
 That's just totally outside of that, so, okay, thanks.

366
00:21:15,400 --> 00:21:19,600
 - All right, thank you everybody.

367
00:21:19,600 --> 00:21:24,200
 - Looks like Julie's up.

368
00:21:24,200 --> 00:21:32,680
 All right, and I'm presenting Senate Bill 929.

369
00:21:32,680 --> 00:21:33,840
 There's two parts to this.

370
00:21:33,840 --> 00:21:38,720
 There is a notification part, we kind of hinted about that earlier, and then an amortization

371
00:21:38,720 --> 00:21:40,200
 of non-conformities part.

372
00:21:40,200 --> 00:21:47,840
 So the notification, it is a new notification, so remember we have our, when we have a zoning

373
00:21:47,840 --> 00:21:52,600
 change that we send the mailing, we send the postcard, we send, we have the newspaper,

374
00:21:52,600 --> 00:21:57,040
 and we put the item on our website, as well as post on the property.

375
00:21:57,040 --> 00:22:03,660
 This is an additional notice that it relates to both map changes and text changes related

376
00:22:03,660 --> 00:22:06,440
 to use, so use only.

377
00:22:06,440 --> 00:22:13,360
 So if that, if that change would render a property non-conforming, we need to send them

378
00:22:13,360 --> 00:22:15,280
 this notice.

379
00:22:15,280 --> 00:22:21,000
 That requires notification to property owners, a business personal property, and the occupant

380
00:22:21,000 --> 00:22:26,560
 at least 12 days prior to the Planning and Zoning Commission and City Council.

381
00:22:26,560 --> 00:22:32,580
 It has to have specific language, there is, and I have an example right here, it has to

382
00:22:32,580 --> 00:22:39,440
 have 14 point type for that specific language, and it has to be in bold.

383
00:22:39,440 --> 00:22:43,520
 It wouldn't require a super majority, but it does alert those property owners and those

384
00:22:43,520 --> 00:22:50,960
 occupants of that potential so that they can attend the public hearing or let PNZ and City

385
00:22:50,960 --> 00:22:52,800
 Council know.

386
00:22:52,800 --> 00:22:57,220
 We do have draft SOPs for this because it is something that is currently in effect,

387
00:22:57,220 --> 00:23:01,260
 so we need to be doing this now.

388
00:23:01,260 --> 00:23:05,460
 We are still kind of working through the kinks because it's pretty new, but one thing that

389
00:23:05,460 --> 00:23:10,040
 we are doing is we're putting that notice on a different color of paper so staff will

390
00:23:10,040 --> 00:23:15,080
 know that when somebody calls in that that's that 929 notice, so really working through

391
00:23:15,080 --> 00:23:19,760
 that, and then we've got different templates for that, so that's really that notification

392
00:23:19,760 --> 00:23:21,360
 piece for 929.

393
00:23:21,360 --> 00:23:24,400
 Any questions on that?

394
00:23:24,400 --> 00:23:30,400
 The second part is related to the amortization of non-conformities, so amortization is a

395
00:23:30,400 --> 00:23:38,000
 tool that some cities use to move properties from non-conforming to conforming use.

396
00:23:38,000 --> 00:23:43,520
 The City of Denton has that provision, it's in Section 1.5.8 to my knowledge.

397
00:23:43,520 --> 00:23:48,520
 I've been with the city 10 years, to my knowledge it is not something that we typically use within

398
00:23:48,520 --> 00:23:49,520
 the City of Denton.

399
00:23:49,520 --> 00:23:55,080
 It might have been used at some point, but I have not seen it in my tenure.

400
00:23:55,080 --> 00:24:00,680
 Typically amortization is based upon a previous investment in the property, so what a property

401
00:24:00,680 --> 00:24:08,640
 owner put into a business in order to open up and to recoup those losses or that money

402
00:24:08,640 --> 00:24:10,540
 that they spent to open up that business.

403
00:24:10,540 --> 00:24:16,540
 This new regulation would change to cost incurred for moving the business and also reduce market

404
00:24:16,540 --> 00:24:19,080
 value of that original property.

405
00:24:19,080 --> 00:24:23,520
 It can be satisfied either through a cash payment or for a length of time that that

406
00:24:23,520 --> 00:24:26,080
 business can operate in that location.

407
00:24:26,080 --> 00:24:28,880
 It also includes notification and processes.

408
00:24:28,880 --> 00:24:33,400
 We are going to need to do some code amendments and clean up just to make sure we're in good

409
00:24:33,400 --> 00:24:35,280
 tight conformance with this.

410
00:24:35,280 --> 00:24:41,640
 Like I said, it's not something that we typically see, so there's not a huge panic about this,

411
00:24:41,640 --> 00:24:47,120
 but it is something that you'll probably be seeing coming forward at some point in the

412
00:24:47,120 --> 00:24:48,120
 future.

413
00:24:48,120 --> 00:24:49,280
 Any questions on that?

414
00:24:49,280 --> 00:24:56,880
 Julie, is this for things going forward or if we have a non-conforming use right now,

415
00:24:56,880 --> 00:24:58,560
 this is in effect?

416
00:24:58,560 --> 00:24:59,980
 It would be in effect right now.

417
00:24:59,980 --> 00:25:02,800
 Okay, so there is things we have to look at for sure.

418
00:25:02,800 --> 00:25:09,280
 Right, but once again, it is only related to amortization of non-conforming, so if Council

419
00:25:09,280 --> 00:25:17,080
 or the Zoning Board of Adjustment said business X over here, you don't meet current zoning,

420
00:25:17,080 --> 00:25:21,000
 we want you to skedaddle and move to another location.

421
00:25:21,000 --> 00:25:25,920
 But if they're allowed to continue to operate, then there's no compensation that is owed

422
00:25:25,920 --> 00:25:26,920
 then?

423
00:25:26,920 --> 00:25:27,920
 Correct.

424
00:25:27,920 --> 00:25:32,840
 It would just be if we wanted them to move out.

425
00:25:32,840 --> 00:25:33,840
 That's correct.

426
00:25:33,840 --> 00:25:38,840
 So keep in mind, we currently have in our development code regulations that when a property

427
00:25:38,840 --> 00:25:44,600
 becomes non-conforming, they're still allowed to continue operating.

428
00:25:44,600 --> 00:25:50,960
 The key thing comes to when they cease operating that non-conforming use for more than a year

429
00:25:50,960 --> 00:25:51,960
 in our code.

430
00:25:51,960 --> 00:25:58,400
 In other cities, it's typically six months, but we allow the one year of dark provision.

431
00:25:58,400 --> 00:26:03,160
 But if they shut their doors for a year or more, then they lose that right to that non-conforming

432
00:26:03,160 --> 00:26:04,360
 use, right?

433
00:26:04,360 --> 00:26:11,280
 But otherwise, I mean, our ordinance is very favorable towards non-conforming uses continuing

434
00:26:11,280 --> 00:26:13,280
 to be able to operate within the community.

435
00:26:13,280 --> 00:26:26,560
 So I can understand why the legislators have put forth this new law, because to allow property

436
00:26:26,560 --> 00:26:30,040
 owners, the occupants of the property owners, the business that might be operating there

437
00:26:30,040 --> 00:26:35,620
 to understand if an action was taken that it may result in them being non-conforming.

438
00:26:35,620 --> 00:26:40,240
 The other thing is our ordinance though, it's clear to understand is that if we do have

439
00:26:40,240 --> 00:26:45,480
 a business or a property that's non-conforming, then we do have some limitations though within

440
00:26:45,480 --> 00:26:46,480
 the ordinance.

441
00:26:46,480 --> 00:26:50,760
 We'll allow you to continue operating, but we have some limitations on expansion or modification

442
00:26:50,760 --> 00:26:52,080
 of the structure.

443
00:26:52,080 --> 00:26:57,200
 The other thing that we have in our ordinance is if you have a property that's being used

444
00:26:57,200 --> 00:27:04,320
 as a non-conforming use and it chooses to cease operation, but another lesser intensive

445
00:27:04,320 --> 00:27:10,160
 non-conforming use wants to be able to occupy the property, the DDC does allow for the direction

446
00:27:10,160 --> 00:27:14,000
 of the director to make that determination for that to occur.

447
00:27:14,000 --> 00:27:19,440
 So it's, and the other aspect I would say is keep in mind the property also still is

448
00:27:19,440 --> 00:27:23,760
 able to benefit from all of the other uses that are allowed under the existing zoning,

449
00:27:23,760 --> 00:27:24,760
 right?

450
00:27:24,760 --> 00:27:25,960
 Sometimes we have a tendency to forget about that.

451
00:27:25,960 --> 00:27:29,840
 So it's not depriving them fully of their use of the property, because there are plenty

452
00:27:29,840 --> 00:27:33,960
 of other uses that are allowed for the property.

453
00:27:33,960 --> 00:27:34,960
 Commissioner Cole.

454
00:27:34,960 --> 00:27:35,960
 Thank you, Chair.

455
00:27:35,960 --> 00:27:41,400
 This has always been a hot button of mine about the non-conforming properties, and because

456
00:27:41,400 --> 00:27:44,260
 I would be one of those, my home would be one of those.

457
00:27:44,260 --> 00:27:52,980
 So let's say big rainstorm came through, 50% of my house flooded, but I'm with 500 foot

458
00:27:52,980 --> 00:27:56,000
 of a gas well.

459
00:27:56,000 --> 00:27:59,080
 I mean, it's a home, but I mean, I understand.

460
00:27:59,080 --> 00:28:03,240
 Well, but we have the residential provision in there where you're really not non-conforming.

461
00:28:03,240 --> 00:28:09,800
 So it's more of a by right if you're sticking to what you were before, you know, but the

462
00:28:09,800 --> 00:28:12,760
 problem is, is you still have to go through the ZBA, right?

463
00:28:12,760 --> 00:28:16,320
 Or is it the director's discretion?

464
00:28:16,320 --> 00:28:18,160
 So I would say it depends.

465
00:28:18,160 --> 00:28:22,360
 I don't have those regulations committed to memory, so I can't address specific scenarios,

466
00:28:22,360 --> 00:28:24,460
 and we're really not posted for that.

467
00:28:24,460 --> 00:28:28,440
 But know that we've got provisions in the code that if someone's property were non-conforming

468
00:28:28,440 --> 00:28:32,800
 and they experienced damage to their property, if they met the certain thresholds, then we

469
00:28:32,800 --> 00:28:37,400
 would take them through the appropriate process to be able to either allow for their non-conformity

470
00:28:37,400 --> 00:28:43,640
 to continue in whatever needed to be, including if that was a reconstruction.

471
00:28:43,640 --> 00:28:48,320
 Many times cities do have that that process has to go through a zoning board of adjustment.

472
00:28:48,320 --> 00:28:51,560
 But I can't speak to all the thresholds within our ordinance and the exact process, but know

473
00:28:51,560 --> 00:28:54,800
 that we would take them through what we have in our code.

474
00:28:54,800 --> 00:28:59,680
 So again, our goal is, you know, we are very favorable to allowing for non-conforming uses

475
00:28:59,680 --> 00:29:04,200
 to continue operating and helping property owners to be able to move forward.

476
00:29:04,200 --> 00:29:08,240
 But it's, you know, if they do experience certain damage though, then there may be some

477
00:29:08,240 --> 00:29:10,640
 limitations on how they rebuild.

478
00:29:10,640 --> 00:29:11,640
 Appreciate it.

479
00:29:11,640 --> 00:29:20,640
 However, if something has been something for 60 years, it seems like we're processing them

480
00:29:20,640 --> 00:29:21,640
 to death.

481
00:29:21,640 --> 00:29:28,000
 They're going to a supermajority board with the zoning board of adjustment, only takes

482
00:29:28,000 --> 00:29:34,580
 two commissioners off that board to say no, then it's district court.

483
00:29:34,580 --> 00:29:42,880
 But when somebody has a lot, I mean, just their house is damaged half, we're putting

484
00:29:42,880 --> 00:29:46,440
 them through maybe a year process.

485
00:29:46,440 --> 00:29:53,400
 I mean, I don't know what the docket is on district court, but I assume it's pretty long.

486
00:29:53,400 --> 00:29:57,760
 You know, it all it takes is two commissioners from the ZBA to say, we don't think you need

487
00:29:57,760 --> 00:29:59,440
 to be.

488
00:29:59,440 --> 00:30:00,440
 This might not be the conversation.

489
00:30:00,440 --> 00:30:04,640
 I feel like we're going down a rabbit hole that we're not posted for that we're not talking

490
00:30:04,640 --> 00:30:05,640
 about right now.

491
00:30:05,640 --> 00:30:06,640
 Appreciate it.

492
00:30:06,640 --> 00:30:11,120
 But I would you could get some of your questions answered certainly offline and get a little

493
00:30:11,120 --> 00:30:15,600
 bit more clarity on that, I think, would be the direction to go.

494
00:30:15,600 --> 00:30:16,600
 Commissioner Pruitt.

495
00:30:16,600 --> 00:30:19,600
 Thank you, Chair.

496
00:30:19,600 --> 00:30:24,600
 I heard two things, and I'm trying to glue them together in my brain, so I need some

497
00:30:24,600 --> 00:30:26,000
 help here.

498
00:30:26,000 --> 00:30:35,160
 The language here is the stuff we must the city must provide before revoking the right

499
00:30:35,160 --> 00:30:37,520
 to use the property.

500
00:30:37,520 --> 00:30:44,440
 But then later you said that that would only effectuate when the city was taking some action

501
00:30:44,440 --> 00:30:51,480
 to actively stop the use as opposed to removing the legal ability to use it.

502
00:30:51,480 --> 00:30:53,160
 Am I understanding that correct?

503
00:30:53,160 --> 00:30:54,160
 Correct.

504
00:30:54,160 --> 00:30:55,160
 You're right.

505
00:30:55,160 --> 00:30:56,160
 It's different items.

506
00:30:56,160 --> 00:31:03,280
 It's the kind of the provisions that Tina was talking about related to you can continue

507
00:31:03,280 --> 00:31:04,680
 to use the property.

508
00:31:04,680 --> 00:31:08,600
 There are limitations on expansions or repairs or rebuilding.

509
00:31:08,600 --> 00:31:14,680
 This provision is really related to a action that the city took to say you can't operate

510
00:31:14,680 --> 00:31:16,860
 there anymore because the zoning changed.

511
00:31:16,860 --> 00:31:19,840
 So it's kind of a difference in measure.

512
00:31:19,840 --> 00:31:20,840
 Okay.

513
00:31:20,840 --> 00:31:26,280
 And the development code does have the amortization provision, but like I said, it's not something

514
00:31:26,280 --> 00:31:27,680
 that we typically do here.

515
00:31:27,680 --> 00:31:28,680
 Okay.

516
00:31:28,680 --> 00:31:29,680
 Thank you.

517
00:31:29,680 --> 00:31:35,120
 I was going to say, you may recall, it's probably been within the last seven to 10 years, the

518
00:31:35,120 --> 00:31:37,800
 city of Dallas was in the news.

519
00:31:37,800 --> 00:31:41,160
 There was a property that was playing out in the court of public opinion on the news

520
00:31:41,160 --> 00:31:46,400
 with respect to the amortization that had been set forth because the property owner

521
00:31:46,400 --> 00:31:52,600
 had entered into presumably an amortization agreement with the city, but the time was

522
00:31:52,600 --> 00:31:56,280
 coming up on that period of agreement, right?

523
00:31:56,280 --> 00:32:00,920
 And so the city was moving forward with enforcing that amortization, and the property owner

524
00:32:00,920 --> 00:32:07,000
 was trying to allow for the continuation of that use.

525
00:32:07,000 --> 00:32:13,940
 And so it's, as Julie pointed out, I mean, it's a provision that's available many times

526
00:32:13,940 --> 00:32:17,460
 in city ordinances, but it's not something that's never fully executed.

527
00:32:17,460 --> 00:32:21,680
 I've worked in one other community where we had an amortization provision, particularly

528
00:32:21,680 --> 00:32:24,020
 as it related to interim specific use permits.

529
00:32:24,020 --> 00:32:29,000
 And so the city recognized that, you know, we realized that the property may not be ready

530
00:32:29,000 --> 00:32:34,000
 for its higher and better uses and given its current condition, it might be appropriate

531
00:32:34,000 --> 00:32:38,740
 to allow for a use to operate for a certain time period.

532
00:32:38,740 --> 00:32:42,040
 And then the property owner would define what that certain time period was and provide an

533
00:32:42,040 --> 00:32:45,720
 amortization schedule and the city was not able to grant anything less.

534
00:32:45,720 --> 00:32:47,280
 So that's the only other experience.

535
00:32:47,280 --> 00:32:51,080
 I've seen where the amortization's really come into play, but to Julie's point, it's

536
00:32:51,080 --> 00:32:55,760
 the city deliberately taking an action saying, no, not just we're going to allow you to continue

537
00:32:55,760 --> 00:32:59,320
 operating like our current codes, but it's the city deliberately taking an action saying

538
00:32:59,320 --> 00:33:05,280
 you must close your business and do it by XYZ date, and that's where this amortization

539
00:33:05,280 --> 00:33:06,680
 comes into play.

540
00:33:06,680 --> 00:33:12,600
 >> Did that answer your -- okay.

541
00:33:12,600 --> 00:33:14,000
 Anybody else on this bill?

542
00:33:14,000 --> 00:33:15,000
 Okay.

543
00:33:15,000 --> 00:33:16,000
 Thank you, Julie.

544
00:33:16,000 --> 00:33:17,000
 >> All right.

545
00:33:17,000 --> 00:33:18,000
 I have one more.

546
00:33:18,000 --> 00:33:19,000
 >> Okay.

547
00:33:19,000 --> 00:33:22,380
 >> This one's a little less involved.

548
00:33:22,380 --> 00:33:25,440
 This is House Bill 299.

549
00:33:25,440 --> 00:33:30,880
 This is the creation of voluntary accreditation for recovery housing.

550
00:33:30,880 --> 00:33:32,880
 This is kind of a new housing type.

551
00:33:32,880 --> 00:33:36,760
 We're going to be talking about similar things tonight with our group homes and community

552
00:33:36,760 --> 00:33:37,760
 homes.

553
00:33:37,760 --> 00:33:41,200
 This is separate and apart from that.

554
00:33:41,200 --> 00:33:46,480
 It does create this recovery house type, and this is for persons recovering from substance

555
00:33:46,480 --> 00:33:47,760
 abuse.

556
00:33:47,760 --> 00:33:55,760
 So as the spreadsheet mentions, it does have voluntary accreditation.

557
00:33:55,760 --> 00:34:03,620
 With our DCA2301 tonight, we have added a little bit of language in the definitions for

558
00:34:03,620 --> 00:34:08,960
 community homes and group homes that those are not a recovery housing.

559
00:34:08,960 --> 00:34:13,520
 Those are different things, and so that's really -- no other action is really needed

560
00:34:13,520 --> 00:34:15,560
 by the city for that.

561
00:34:15,560 --> 00:34:17,440
 Any questions?

562
00:34:17,440 --> 00:34:18,860
 >> Questions?

563
00:34:18,860 --> 00:34:26,180
 So voluntary accreditation, meaning it's choice?

564
00:34:26,180 --> 00:34:31,120
 >> It's their choice, and they set up their own programs associated with it.

565
00:34:31,120 --> 00:34:32,120
 >> Interesting.

566
00:34:32,120 --> 00:34:33,120
 Okay.

567
00:34:33,120 --> 00:34:34,120
 Okay.

568
00:34:34,120 --> 00:34:39,120
 Thank you, Julie.

569
00:34:39,120 --> 00:34:46,560
 >> Good evening again, Chair, members of the commission.

570
00:34:46,560 --> 00:34:55,800
 This item, House Bill 3579, is related to regulations of massage therapists and massage

571
00:34:55,800 --> 00:35:01,720
 establishments by the Texas Department of Licensing and Regulations and political subdivisions.

572
00:35:01,720 --> 00:35:06,840
 For the most part, this affects the occupational code, so it's pretty simple as to how it affects

573
00:35:06,840 --> 00:35:09,920
 the Denton Development Code.

574
00:35:09,920 --> 00:35:17,720
 It mentions that with zoning regulations, a massage establishment should not be treated

575
00:35:17,720 --> 00:35:23,300
 with higher restrictions than other health care professionals, so medical offices, those

576
00:35:23,300 --> 00:35:27,440
 who -- dental offices, doctors, and stuff like that, those that we would classify as

577
00:35:27,440 --> 00:35:28,440
 our medical offices.

578
00:35:28,440 --> 00:35:33,160
 So staff at this time has determined that we don't need a DDC amendment for -- to meet

579
00:35:33,160 --> 00:35:36,720
 or to come into compliance with this particular piece of legislation.

580
00:35:36,720 --> 00:35:42,040
 Instead, we will allow for massage establishments to be classified as medical office uses when

581
00:35:42,040 --> 00:35:46,800
 they come in for COs and development permit applications and things like that.

582
00:35:46,800 --> 00:35:47,800
 So this is pretty simple.

583
00:35:47,800 --> 00:35:48,800
 Just an update.

584
00:35:48,800 --> 00:35:49,800
 >> Commissioner Smith.

585
00:35:49,800 --> 00:35:52,800
 >> Well, not creating any nonconformities.

586
00:35:52,800 --> 00:35:57,040
 Medical office falls into most of the stuff that we see with, like, MNGO, that kind of

587
00:35:57,040 --> 00:35:58,040
 stuff, right?

588
00:35:58,040 --> 00:36:00,760
 So there's nothing -- we haven't checked to see if there's any massage establishments

589
00:36:00,760 --> 00:36:05,400
 that are in some other type of 5,000-square-foot or less retail area that doesn't have medical

590
00:36:05,400 --> 00:36:06,760
 office included within there, right?

591
00:36:06,760 --> 00:36:08,320
 I mean, it should be good.

592
00:36:08,320 --> 00:36:12,120
 >> Yeah, nothing came up when I did that type of search.

593
00:36:12,120 --> 00:36:19,160
 And previously we've permitted -- or we've defined medical -- I'm sorry, massage establishments

594
00:36:19,160 --> 00:36:24,080
 under the personal service uses, which is actually permitted in less zoning districts

595
00:36:24,080 --> 00:36:26,840
 than the medical office is.

596
00:36:26,840 --> 00:36:29,840
 So by adding it to that category, we're actually increasing that.

597
00:36:29,840 --> 00:36:31,320
 >> Increasing the places where it could be.

598
00:36:31,320 --> 00:36:32,320
 >> Correct.

599
00:36:32,320 --> 00:36:33,320
 >> Got it.

600
00:36:33,320 --> 00:36:34,320
 Thanks.

601
00:36:34,320 --> 00:36:35,320
 >> Right.

602
00:36:35,320 --> 00:36:41,760
 >> So because of the -- we've got the medical office way we can classify it or the personal

603
00:36:41,760 --> 00:36:45,120
 services definition that we have in the district that it's allowed for.

604
00:36:45,120 --> 00:36:49,560
 So it really -- it helps allow for the massage establishments to be put in place.

605
00:36:49,560 --> 00:36:54,040
 The other thing I would add -- and great job, Mia, on explaining this -- is this treating

606
00:36:54,040 --> 00:36:58,180
 massage establishments similar to medical professionals, that's been around a while

607
00:36:58,180 --> 00:37:00,080
 within the state legislature.

608
00:37:00,080 --> 00:37:05,520
 So this just further reaffirms that in HESM other provisions that come into play, more

609
00:37:05,520 --> 00:37:07,520
 that PD would deal with than us.

610
00:37:07,520 --> 00:37:11,840
 But so it's really no substantial change for our code.

611
00:37:11,840 --> 00:37:15,320
 And like Mia said, we have the ability to accommodate this without having to make a

612
00:37:15,320 --> 00:37:16,320
 code amendment.

613
00:37:16,320 --> 00:37:17,320
 >> Any questions?

614
00:37:17,320 --> 00:37:18,320
 Okay.

615
00:37:18,320 --> 00:37:19,320
 Thank you.

616
00:37:19,320 --> 00:37:20,320
 >> I'll call up Ron.

617
00:37:20,320 --> 00:37:25,320
 >> Looks like we're on back up, yep.

618
00:37:25,320 --> 00:37:29,240
 I like this whole tag team thing.

619
00:37:29,240 --> 00:37:30,240
 It's like --

620
00:37:30,240 --> 00:37:31,240
 >> It's the whole team, right?

621
00:37:31,240 --> 00:37:32,240
 >> It's fun.

622
00:37:32,240 --> 00:37:33,240
 >> Yes.

623
00:37:33,240 --> 00:37:34,240
 >> Yeah.

624
00:37:34,240 --> 00:37:36,080
 >> My item here is House Bill 1707.

625
00:37:36,080 --> 00:37:42,040
 It relates to the applicability of certain laws to open enrollment charter schools.

626
00:37:42,040 --> 00:37:46,600
 Essentially what it stated is that charter schools must be treated the same as public

627
00:37:46,600 --> 00:37:47,600
 schools.

628
00:37:47,600 --> 00:37:53,280
 My understanding is that this bill was being discussed or drafted for like maybe four past

629
00:37:53,280 --> 00:37:56,560
 sessions, but it finally made it this time.

630
00:37:56,560 --> 00:38:01,480
 In addition to allowing charter schools similar to public schools, there were three amendments

631
00:38:01,480 --> 00:38:04,160
 that were added specifically for this.

632
00:38:04,160 --> 00:38:10,040
 One is that the governing body of the charter school must provide a written statement that

633
00:38:10,040 --> 00:38:16,640
 no one is going to be financially benefiting from the transaction of property sales or

634
00:38:16,640 --> 00:38:17,640
 that sort of thing.

635
00:38:17,640 --> 00:38:19,640
 So that was one thing added.

636
00:38:19,640 --> 00:38:25,740
 The other one that was added was that the charter school in 20 days prior to closing

637
00:38:25,740 --> 00:38:29,240
 on a property must notify the school district that they're locating in.

638
00:38:29,240 --> 00:38:34,080
 So again, the school district is aware of that potential charter school coming onto

639
00:38:34,080 --> 00:38:35,080
 said area.

640
00:38:35,080 --> 00:38:41,560
 And then the last thing is that any information that they have financially is open to open

641
00:38:41,560 --> 00:38:42,560
 records requests.

642
00:38:42,560 --> 00:38:49,040
 So again, the code -- I'm sorry, the House Bill states that we must treat charter schools

643
00:38:49,040 --> 00:38:53,740
 similar to public schools, and that is going to require a code amendment because we do

644
00:38:53,740 --> 00:38:58,040
 now have it separate, and in order to comply with state law, we're going to have to do

645
00:38:58,040 --> 00:39:01,480
 some code amendments, and that will be something that we'll bring forward to the Planning

646
00:39:01,480 --> 00:39:04,720
 Zoning Commission and ultimately to City Council for consideration.

647
00:39:04,720 --> 00:39:11,160
 Again, it applies to zoning standards with regards to landscaping, parking, everything

648
00:39:11,160 --> 00:39:12,160
 and that like.

649
00:39:12,160 --> 00:39:15,880
 Another thing that we're going to be looking at is the zoning of PF.

650
00:39:15,880 --> 00:39:19,640
 As you know, PF is public facilities, and that is where most of the school district's

651
00:39:19,640 --> 00:39:20,720
 property is located.

652
00:39:20,720 --> 00:39:24,560
 So when we're looking at the code amendment, we'll be reviewing that as well and how we

653
00:39:24,560 --> 00:39:28,560
 can apply that for charter schools as part of this code amendment.

654
00:39:28,560 --> 00:39:30,480
 So that concludes my presentation.

655
00:39:30,480 --> 00:39:32,800
 I'll be happy to answer any questions.

656
00:39:32,800 --> 00:39:35,160
 Thank you, Rob.

657
00:39:35,160 --> 00:39:38,840
 So that would mean we need to allow them wherever we allow public schools, correct?

658
00:39:38,840 --> 00:39:39,840
 Essentially, yes.

659
00:39:39,840 --> 00:39:40,840
 Yeah, okay.

660
00:39:40,840 --> 00:39:41,840
 Okay.

661
00:39:41,840 --> 00:39:42,840
 Thank you, Rob.

662
00:39:42,840 --> 00:39:43,840
 Thank you.

663
00:39:43,840 --> 00:39:55,680
 Are you still now Haley's up?

664
00:39:55,680 --> 00:39:56,680
 Good evening.

665
00:39:56,680 --> 00:39:58,560
 Haley Zagorski, Assistant Planning Director.

666
00:39:58,560 --> 00:40:03,120
 The first bill that I have talked to you about is 3699.

667
00:40:03,120 --> 00:40:08,980
 This is an amendment to our 2019 shot clock legislation, basically.

668
00:40:08,980 --> 00:40:11,960
 What it does is kind of serve as both a blessing and a curse.

669
00:40:11,960 --> 00:40:13,260
 Parts of it are really good for the city.

670
00:40:13,260 --> 00:40:16,360
 Parts of it are gonna complicate things for us a little bit.

671
00:40:16,360 --> 00:40:21,080
 So on the positive side, it does allow the ability for council to delegate all plat approval

672
00:40:21,080 --> 00:40:22,120
 authority to staff.

673
00:40:22,120 --> 00:40:26,600
 So that is something that we'll bring forward for discussion with P&Z and council.

674
00:40:26,600 --> 00:40:30,720
 The other good thing that it does for us procedurally is clarifies that our civil engineering plans

675
00:40:30,720 --> 00:40:34,160
 and site plans are no longer part of the 30-day shot clock window.

676
00:40:34,160 --> 00:40:39,160
 So that allows, if needed, for us to modify our timelines on those to allow for additional

677
00:40:39,160 --> 00:40:41,440
 review time.

678
00:40:41,440 --> 00:40:46,320
 On the negative side of things, it does complicate our platting process as we have it today.

679
00:40:46,320 --> 00:40:50,400
 So we'll be making some procedural amendments as well as DDC amendments.

680
00:40:50,400 --> 00:40:56,060
 One of the most significant changes is that it specifies that we cannot require any sort

681
00:40:56,060 --> 00:41:01,920
 of study or analysis or agreement or any other form of document as part of a plat application.

682
00:41:01,920 --> 00:41:06,200
 So essentially, if someone meets the very narrowly defined minimum requirements for

683
00:41:06,200 --> 00:41:11,080
 a plat in the state code, we would be obligated to accept and approve that plat.

684
00:41:11,080 --> 00:41:15,120
 So that could create some hurdles for us, but we're modifying the process to make sure

685
00:41:15,120 --> 00:41:20,040
 we can still require all of those same things to our traffic impact analysis, tree surveys,

686
00:41:20,040 --> 00:41:23,480
 ESA assessments, all of that just at different touch points in the process.

687
00:41:23,480 --> 00:41:27,000
 So those will be distributed either to the zoning compliance plan, which is our version

688
00:41:27,000 --> 00:41:31,520
 of a site plan, or the civil engineering point in the process.

689
00:41:31,520 --> 00:41:34,460
 And we'll be working through those processes and rolling that out to the development community

690
00:41:34,460 --> 00:41:38,240
 to keep them abreast of all those changes and checklist changes that are going along

691
00:41:38,240 --> 00:41:40,240
 with that.

692
00:41:40,240 --> 00:41:45,680
 The other significant change with this is that it does limit a city's ability to require

693
00:41:45,680 --> 00:41:47,320
 right-of-way dedication.

694
00:41:47,320 --> 00:41:52,760
 So this potentially could have very serious impacts on our mobility plan moving forward,

695
00:41:52,760 --> 00:41:56,780
 but we are still working through what that will mean for us and what steps we could take

696
00:41:56,780 --> 00:42:01,200
 to maybe ameliorate some of that change so that it's not quite as bad for us.

697
00:42:01,200 --> 00:42:06,220
 Because what it does is specify that we can only request right-of-way with a plat if the

698
00:42:06,220 --> 00:42:11,360
 owner intends to dedicate the right-of-way and build the road, and if it's on a funded

699
00:42:11,360 --> 00:42:13,040
 capital improvement plan.

700
00:42:13,040 --> 00:42:17,360
 So we're looking into that, working with our city attorney's office to determine what exactly

701
00:42:17,360 --> 00:42:21,320
 that means, how it should be interpreted for the city of Denton, and what changes we might

702
00:42:21,320 --> 00:42:22,760
 need to make.

703
00:42:22,760 --> 00:42:26,600
 So with this one, you'll most likely see at least two different sets of code amendments

704
00:42:26,600 --> 00:42:29,100
 coming forward to help process these changes.

705
00:42:29,100 --> 00:42:32,040
 Some of the platting changes we'll bring forward pretty immediately, because this does have

706
00:42:32,040 --> 00:42:36,440
 a September 1 effective date, so we'll try to get those as soon after that as possible.

707
00:42:36,440 --> 00:42:39,320
 And then some of those bigger scale changes, like the right-of-way piece, will take us

708
00:42:39,320 --> 00:42:43,760
 a little bit longer to work through, so you'll see those probably at a future date.

709
00:42:43,760 --> 00:42:46,400
 But happy to answer any questions.

710
00:42:46,400 --> 00:42:47,400
 Commissioner Villarreal.

711
00:42:47,400 --> 00:42:52,000
 Just real quick, I'm sorry if you mentioned this earlier, but this would remove or put

712
00:42:52,000 --> 00:42:57,380
 all plat votes to the consent agenda or just remove them entirely?

713
00:42:57,380 --> 00:43:01,920
 So for now, it will not have a change because our code specifies that P&Z is the authority

714
00:43:01,920 --> 00:43:02,920
 on platts.

715
00:43:02,920 --> 00:43:07,960
 What this does is give councils the ability to delegate that authority to staff with the

716
00:43:07,960 --> 00:43:13,160
 ability for someone to appeal their plat denial to the P&Z or council if staff were to deny

717
00:43:13,160 --> 00:43:15,080
 the application.

718
00:43:15,080 --> 00:43:19,400
 So that would require a DDC amendment for our council to -- for P&Z and council to say,

719
00:43:19,400 --> 00:43:23,080
 yes, we want to make that change and have platts go to staff for approval instead of

720
00:43:23,080 --> 00:43:24,520
 P&Z.

721
00:43:24,520 --> 00:43:27,240
 So no change in the immediate -- that will come forward as a code amendment that you

722
00:43:27,240 --> 00:43:28,240
 all can consider.

723
00:43:28,240 --> 00:43:29,240
 Got it.

724
00:43:29,240 --> 00:43:30,240
 Thanks.

725
00:43:30,240 --> 00:43:34,520
 So it's not a required -- so that's an optional thing and so it would have to be changed in

726
00:43:34,520 --> 00:43:38,200
 our code if we wanted to opt into this bill effectively?

727
00:43:38,200 --> 00:43:39,200
 Yeah.

728
00:43:39,200 --> 00:43:40,200
 Understood.

729
00:43:40,200 --> 00:43:41,200
 All right.

730
00:43:41,200 --> 00:43:42,200
 Anybody else?

731
00:43:42,200 --> 00:43:43,200
 Okay.

732
00:43:43,200 --> 00:43:44,200
 All right.

733
00:43:44,200 --> 00:43:45,200
 I think you got the next one.

734
00:43:45,200 --> 00:43:46,200
 Yeah.

735
00:43:46,200 --> 00:43:48,080
 So the next one is House Bill 2127.

736
00:43:48,080 --> 00:43:50,280
 This one is being affectionately dubbed the Death Star Bill.

737
00:43:50,280 --> 00:43:54,000
 You've probably heard it -- seen it or heard about it or seen about it in the news.

738
00:43:54,000 --> 00:43:58,520
 There is, I believe, currently a lawsuit that started in Houston to challenge this bill.

739
00:43:58,520 --> 00:44:01,440
 So it's making quite the splash.

740
00:44:01,440 --> 00:44:06,440
 What it is, is a preemption bill that is mostly targeted at commerce regulations.

741
00:44:06,440 --> 00:44:11,240
 So it preempts cities from regulating any form of conduct in -- I think there's either

742
00:44:11,240 --> 00:44:15,600
 seven or nine different listed sections of the code that range from like the agriculture

743
00:44:15,600 --> 00:44:20,200
 code to the occupation and -- occupation code and several others.

744
00:44:20,200 --> 00:44:23,000
 The labor code is also listed in there.

745
00:44:23,000 --> 00:44:27,180
 For the most part, it does not affect the Denton Development Code and our development

746
00:44:27,180 --> 00:44:29,400
 review process.

747
00:44:29,400 --> 00:44:32,120
 There are a couple of parts of it that will have impacts.

748
00:44:32,120 --> 00:44:35,880
 One is with the agriculture code, but I'll let Angie clue you all in on more of the agriculture

749
00:44:35,880 --> 00:44:39,560
 specific changes that came with this legislative session.

750
00:44:39,560 --> 00:44:44,360
 The other big one is that it modifies a portion of the local government code related to animal

751
00:44:44,360 --> 00:44:48,960
 businesses and specifies that cities can in no way regulate any business that deals with

752
00:44:48,960 --> 00:44:54,120
 the breeding, care, or handling of animals, and that ranges from pet stores and the sale

753
00:44:54,120 --> 00:44:59,320
 of dogs and cats to commercial stables, veterinary offices are specified in there.

754
00:44:59,320 --> 00:45:03,120
 So we will have some significant code amendments to update our use table, because we'll no

755
00:45:03,120 --> 00:45:06,560
 longer be able to regulate where those businesses occur.

756
00:45:06,560 --> 00:45:10,440
 So that's the biggest piece that we've identified so far for development code regulations out

757
00:45:10,440 --> 00:45:12,040
 of that House bill.

758
00:45:12,040 --> 00:45:17,280
 The other thing it does is specify that individuals who feel they have been wrongfully regulated

759
00:45:17,280 --> 00:45:20,900
 by a city under any of these sections to bring suit against the city if they give them three

760
00:45:20,900 --> 00:45:23,960
 months notice that they intend to do so.

761
00:45:23,960 --> 00:45:29,720
 So it's a fun bill with wide ranging implications, but thankfully semi-limited in terms of development

762
00:45:29,720 --> 00:45:30,720
 code impacts.

763
00:45:30,720 --> 00:45:31,720
 Commissioner Smith.

764
00:45:31,720 --> 00:45:35,840
 You say it's relatively limited, but I just.

765
00:45:35,840 --> 00:45:39,820
 Well, there was like seven other categories that could have affected us that didn't.

766
00:45:39,820 --> 00:45:44,840
 If PetSmart wants to buy up four houses in my neighborhood and put a PetSmart there.

767
00:45:44,840 --> 00:45:45,840
 They could do that.

768
00:45:45,840 --> 00:45:48,840
 That doesn't seem like it's slightly impacted.

769
00:45:48,840 --> 00:45:54,400
 And I guess to that point, I mean, we're still trying to work through some of that also.

770
00:45:54,400 --> 00:45:58,640
 I mean, if they were predominantly a retail business, then one of the things we might

771
00:45:58,640 --> 00:46:03,320
 look at is, is do we have any flexibility to really classify them as a retail business?

772
00:46:03,320 --> 00:46:10,560
 Many times they have pet sales more as a accessory use aspect of it, but yeah, that's to your

773
00:46:10,560 --> 00:46:11,560
 point.

774
00:46:11,560 --> 00:46:12,560
 I mean, that's what we're trying to work through.

775
00:46:12,560 --> 00:46:15,680
 That's what I was going to get to as primary uses and everything else like that.

776
00:46:15,680 --> 00:46:19,120
 And there's plenty of things in the, you know, it doesn't matter what you're selling.

777
00:46:19,120 --> 00:46:22,880
 If you're a retail business over 5,000 square feet, you're eliminated from certain zoning

778
00:46:22,880 --> 00:46:23,880
 zone.

779
00:46:23,880 --> 00:46:24,880
 Is there any zoning areas?

780
00:46:24,880 --> 00:46:25,880
 I can't say zoning zones.

781
00:46:25,880 --> 00:46:26,880
 That's not a thing.

782
00:46:26,880 --> 00:46:27,880
 Sounds cool.

783
00:46:27,880 --> 00:46:28,880
 So yeah, I think that.

784
00:46:28,880 --> 00:46:29,880
 Okay.

785
00:46:29,880 --> 00:46:30,880
 Got it.

786
00:46:30,880 --> 00:46:31,880
 Thanks.

787
00:46:31,880 --> 00:46:32,880
 Anything else on that one?

788
00:46:32,880 --> 00:46:33,880
 Commissioner Villarreal.

789
00:46:33,880 --> 00:46:44,360
 So would we be pushing to pass those code amendment changes prior to the resolution of the Houston

790
00:46:44,360 --> 00:46:45,360
 suit?

791
00:46:45,360 --> 00:46:49,020
 That's a fine and amicus brief in support of the Houston suit, correct?

792
00:46:49,020 --> 00:46:52,120
 Currently, we were hoping to bring them forward relatively quickly.

793
00:46:52,120 --> 00:46:56,720
 Of course we're working with Hillary's team in the city attorney's office to see how we

794
00:46:56,720 --> 00:46:57,720
 should act on that.

795
00:46:57,720 --> 00:47:01,120
 So we'll be, we'll be running all of our proposed changes past them to make sure that what we're

796
00:47:01,120 --> 00:47:04,240
 doing doesn't interfere with any other action that the city's taking.

797
00:47:04,240 --> 00:47:05,240
 Got it.

798
00:47:05,240 --> 00:47:06,240
 Thanks.

799
00:47:06,240 --> 00:47:11,720
 Well, and to that point, so because they, because these code amendments in these various

800
00:47:11,720 --> 00:47:15,240
 categories need to be addressed sooner than later, we are just going to bring them forward.

801
00:47:15,240 --> 00:47:18,840
 I'm through the planning and zoning commission and city council so we can get them done because

802
00:47:18,840 --> 00:47:20,720
 they are needed from a legislative standpoint.

803
00:47:20,720 --> 00:47:24,920
 So in case you're wondering, you know, if you serve on the DCRC, whether or not we route

804
00:47:24,920 --> 00:47:27,440
 them through DCRC first, we are not.

805
00:47:27,440 --> 00:47:30,400
 So we're just going to take these straight forward through a zoning case.

806
00:47:30,400 --> 00:47:36,800
 All right, if nothing else on that one, I'll let Angie talk more about agriculture.

807
00:47:36,800 --> 00:47:49,280
 Evening chair, members of the commission, Angie Manglaris, and I'm going to talk more

808
00:47:49,280 --> 00:47:51,360
 about agriculture.

809
00:47:51,360 --> 00:47:56,840
 So there are a couple of bills that impacted agriculture uses and how they're regulated

810
00:47:56,840 --> 00:47:58,320
 or not regulated.

811
00:47:58,320 --> 00:48:06,120
 House Bill 1750 and House Bill 2947 both have different facets that they touch on in terms

812
00:48:06,120 --> 00:48:11,360
 of agricultural, both of them make some minor amendments to the definition of agriculture

813
00:48:11,360 --> 00:48:13,640
 and what that includes.

814
00:48:13,640 --> 00:48:19,480
 Most notably, the addition of commercial sales of animals was incorporated into the definition

815
00:48:19,480 --> 00:48:25,580
 of agricultural uses, as well as including the veterinary care of livestock and poultry

816
00:48:25,580 --> 00:48:29,240
 as part of agricultural uses.

817
00:48:29,240 --> 00:48:35,160
 House Bill 1715 touches on a city's ability to impose governmental regulations on agricultural

818
00:48:35,160 --> 00:48:36,160
 uses.

819
00:48:36,160 --> 00:48:42,840
 It goes on to state that in our ETJ, we cannot regulate agricultural uses, but it also applies

820
00:48:42,840 --> 00:48:49,880
 to uses within the city, and government regulations, as defined by this bill, is pretty broad.

821
00:48:49,880 --> 00:48:55,720
 So that includes zoning, that includes permitting, that includes any restrictions that we would

822
00:48:55,720 --> 00:48:57,140
 place on an agricultural use.

823
00:48:57,140 --> 00:49:02,680
 We are limited in what we can impose to what I affectionately call the list of dangerous

824
00:49:02,680 --> 00:49:03,680
 things.

825
00:49:03,680 --> 00:49:08,680
 In other words, if a use has the potential to cause imminent danger to a property adjacent

826
00:49:08,680 --> 00:49:15,200
 to it, if there's flammable material, radioactive material, health concerns, a city can regulate

827
00:49:15,200 --> 00:49:18,240
 those uses.

828
00:49:18,240 --> 00:49:23,520
 Any other regulation has to come through the forthcoming report from the Texas A&M AgriLife

829
00:49:23,520 --> 00:49:24,520
 Report.

830
00:49:24,520 --> 00:49:29,480
 They'll be publishing a report that I don't really know what the format will be.

831
00:49:29,480 --> 00:49:33,840
 I have some guesses, but it will probably list out, you know, best practices for the

832
00:49:33,840 --> 00:49:36,240
 care of animals or agricultural production.

833
00:49:36,240 --> 00:49:39,880
 We will be allowed to enforce those standards.

834
00:49:39,880 --> 00:49:41,500
 So some of that's to be forthcoming.

835
00:49:41,500 --> 00:49:46,920
 The immediate changes that we'll see to the DDC are where agriculture is allowed.

836
00:49:46,920 --> 00:49:50,440
 Given that we can't restrict it to any zoning district, you can expect to see a code amendment

837
00:49:50,440 --> 00:49:54,960
 that will update our use tables that allows agriculture in any zoning district.

838
00:49:54,960 --> 00:49:59,680
 Any regulation would have to come from the Ag report, which should be coming soon.

839
00:49:59,680 --> 00:50:06,000
 It will also modify some of our use specific standards in that we do have some in place

840
00:50:06,000 --> 00:50:07,360
 currently.

841
00:50:07,360 --> 00:50:14,000
 Those will have to come out until we see what we are allowed to enforce based on this report.

842
00:50:14,000 --> 00:50:17,280
 And then there will be some minor definition changes just to make sure that we're defining

843
00:50:17,280 --> 00:50:20,320
 agriculture as these two bills are.

844
00:50:20,320 --> 00:50:25,200
 You'll see some DDC amendments that amend our definition for agricultural general and

845
00:50:25,200 --> 00:50:27,680
 also animal uses.

846
00:50:27,680 --> 00:50:31,800
 The other interesting thing that came out of House Bill 2947 won't have any immediate

847
00:50:31,800 --> 00:50:38,200
 impacts to development services, but does relate to nuisances.

848
00:50:38,200 --> 00:50:44,200
 So this could affect like our CIS operation, but it effectively says that no nuisance case

849
00:50:44,200 --> 00:50:49,200
 could be brought against an agricultural use that has been substantially unchanged in the

850
00:50:49,200 --> 00:50:50,960
 last year.

851
00:50:50,960 --> 00:50:57,520
 So that is a shift in how those allegations of agricultural use being a nuisance could

852
00:50:57,520 --> 00:50:59,160
 come forward.

853
00:50:59,160 --> 00:51:01,040
 But that is agriculture in a nutshell.

854
00:51:01,040 --> 00:51:03,840
 I'm happy to answer any questions.

855
00:51:03,840 --> 00:51:04,840
 >> Commissioner Cole?

856
00:51:04,840 --> 00:51:07,520
 >> So does this kind of negate the chicken ordinance?

857
00:51:07,520 --> 00:51:12,840
 I mean, chickens, I mean, if your next door neighbor goes and has -- puts 50 chickens

858
00:51:12,840 --> 00:51:17,200
 next door, they're able to do that?

859
00:51:17,200 --> 00:51:23,380
 >> It would allow for chickens to be used as their agricultural -- any limitation on

860
00:51:23,380 --> 00:51:27,160
 the number that could be in existence in a neighborhood would have to come from that

861
00:51:27,160 --> 00:51:28,160
 AgriLife report.

862
00:51:28,160 --> 00:51:29,160
 >> Okay.

863
00:51:29,160 --> 00:51:30,160
 >> So --

864
00:51:30,160 --> 00:51:35,880
 >> Well, and so also like with that AgriLife report specifies that, you know, 10 chickens

865
00:51:35,880 --> 00:51:43,320
 thrive best on a property of X size in a coop of X or Y number of square feet and, you know,

866
00:51:43,320 --> 00:51:47,040
 and also these amenities provided for them, whatever that might be, right?

867
00:51:47,040 --> 00:51:50,880
 That's where really the -- where we're going to have to rely upon is the guidance from

868
00:51:50,880 --> 00:51:52,480
 the AgriLife extension report.

869
00:51:52,480 --> 00:51:57,760
 So it's to be determined, as Angie mentioned, as to what those requirements are.

870
00:51:57,760 --> 00:52:01,440
 I mean, if you want to raise goats on your property, then presumably, hopefully that

871
00:52:01,440 --> 00:52:05,520
 report will address what's the ideal situation of how much land area you need based upon

872
00:52:05,520 --> 00:52:10,040
 the number that you have and what kind of improvements might be necessary associated

873
00:52:10,040 --> 00:52:11,040
 with it.

874
00:52:11,040 --> 00:52:14,720
 So it really puts a lot of emphasis in what's in this AgriLife extension report.

875
00:52:14,720 --> 00:52:19,200
 So do we need a new staff position of an agricultural specialist on board?

876
00:52:19,200 --> 00:52:22,320
 >> Let's hope not, but so --

877
00:52:22,320 --> 00:52:24,920
 >> Commissioner Smith?

878
00:52:24,920 --> 00:52:25,920
 >> Two questions.

879
00:52:25,920 --> 00:52:31,400
 One, to the I have chickens in my backyard piece, this really isn't a development services

880
00:52:31,400 --> 00:52:32,400
 question at all.

881
00:52:32,400 --> 00:52:40,240
 It's more of a city revenue question of does this affect Ag exemption claiming on tax reports

882
00:52:40,240 --> 00:52:42,760
 then?

883
00:52:42,760 --> 00:52:49,640
 >> It did not appear to affect, at least in this Ag exemption claiming, that was not addressed

884
00:52:49,640 --> 00:52:50,640
 in these.

885
00:52:50,640 --> 00:52:51,640
 >> Gotcha.

886
00:52:51,640 --> 00:52:52,640
 Okay.

887
00:52:52,640 --> 00:52:55,680
 And everything we talked about so far has been livestock.

888
00:52:55,680 --> 00:52:56,880
 Corn falls into this, right?

889
00:52:56,880 --> 00:52:57,880
 >> This applies to -- yes.

890
00:52:57,880 --> 00:53:01,320
 >> So I got four acres in the middle of the city of Denton, and I want to plant corn and

891
00:53:01,320 --> 00:53:05,120
 use my combine to collect it, can't get mad at me.

892
00:53:05,120 --> 00:53:06,120
 >> Yes.

893
00:53:06,120 --> 00:53:09,200
 The definition for agricultural operation is pretty broad.

894
00:53:09,200 --> 00:53:13,360
 I touched on the changes, but it would include cultivation of crops.

895
00:53:13,360 --> 00:53:14,360
 >> Gotcha.

896
00:53:14,360 --> 00:53:15,360
 Thank you.

897
00:53:15,360 --> 00:53:27,000
 >> There's a slight asterisk in that the city can still regulate within like a certain ten

898
00:53:27,000 --> 00:53:32,400
 feet or so of like a public way, or if you're adjacent to a neighbor or something, there's

899
00:53:32,400 --> 00:53:36,120
 height -- you can regulate as to height.

900
00:53:36,120 --> 00:53:37,880
 So maybe not the entire four acres.

901
00:53:37,880 --> 00:53:39,420
 >> In regards to crops specifically?

902
00:53:39,420 --> 00:53:40,420
 >> Yes.

903
00:53:40,420 --> 00:53:44,220
 >> So if I have tall cows?

904
00:53:44,220 --> 00:53:49,240
 >> I really enjoy splitting hairs with you.

905
00:53:49,240 --> 00:53:56,280
 >> Only short ones for you, Tim.

906
00:53:56,280 --> 00:53:59,440
 >> Thank you, Angie, very much.

907
00:53:59,440 --> 00:54:01,040
 >> I think Cameron has the last one.

908
00:54:01,040 --> 00:54:03,600
 >> We're going from agriculture to cemeteries.

909
00:54:03,600 --> 00:54:05,880
 >> Oh, there's more.

910
00:54:05,880 --> 00:54:06,880
 Okay.

911
00:54:06,880 --> 00:54:07,880
 Good evening.

912
00:54:07,880 --> 00:54:11,160
 Chair and commissioners, Cameron Robertson, historic preservation officer.

913
00:54:11,160 --> 00:54:13,720
 So now we're going to talk about pet cemeteries.

914
00:54:13,720 --> 00:54:14,720
 Just kidding.

915
00:54:14,720 --> 00:54:15,720
 Sorry.

916
00:54:15,720 --> 00:54:16,720
 That was not funny.

917
00:54:16,720 --> 00:54:17,720
 But I tried.

918
00:54:17,720 --> 00:54:18,720
 I tried.

919
00:54:18,720 --> 00:54:19,720
 I'm trying to lighten the mood a little bit in here.

920
00:54:19,720 --> 00:54:26,020
 So this is related to -- it just took us a moment, but we got a -- okay.

921
00:54:26,020 --> 00:54:29,560
 So this is related to privately owned cemeteries.

922
00:54:29,560 --> 00:54:37,160
 So due to the fact that the city of Denton is located in a county with over 750,000 residences,

923
00:54:37,160 --> 00:54:44,020
 we are going to be including this in our Denton development code as long -- so private entities

924
00:54:44,020 --> 00:54:49,820
 such as an individual, corporation, partnership, association, firm or trust, that's what's

925
00:54:49,820 --> 00:54:53,420
 being defined as privately owned in this sense.

926
00:54:53,420 --> 00:54:59,180
 So they'll be able to establish or use a cemetery within city limits.

927
00:54:59,180 --> 00:55:06,680
 So we're just going to be adding that privately owned cemetery to the Denton development code

928
00:55:06,680 --> 00:55:10,840
 as well as establishing an ordinance, so changing our table of uses.

929
00:55:10,840 --> 00:55:15,680
 Staff right now is looking specifically at those uses that allow -- or those districts

930
00:55:15,680 --> 00:55:18,540
 that allow funeral and interment facilities.

931
00:55:18,540 --> 00:55:20,960
 So that's what we're kind of gearing towards at the moment.

932
00:55:20,960 --> 00:55:22,920
 But, yeah.

933
00:55:22,920 --> 00:55:23,920
 Any questions?

934
00:55:23,920 --> 00:55:29,600
 >> Any questions?

935
00:55:29,600 --> 00:55:30,600
 Commissioner McDade.

936
00:55:30,600 --> 00:55:31,600
 [ Laughter ]

937
00:55:31,600 --> 00:55:32,600
 >> I'm totally confused.

938
00:55:32,600 --> 00:55:38,400
 I guess I just need you to give me an example of a private cemetery.

939
00:55:38,400 --> 00:55:42,160
 I mean, I have a private cemetery, and I can allow who I want in?

940
00:55:42,160 --> 00:55:43,160
 Is that what you're saying?

941
00:55:43,160 --> 00:55:44,160
 >> Yes.

942
00:55:44,160 --> 00:55:49,300
 So say you wanted to buy a piece of property, say we decided that it's allowed in the suburban

943
00:55:49,300 --> 00:55:53,920
 corridor zoning district, and you bought a piece of property there and you said, "I want

944
00:55:53,920 --> 00:55:54,920
 to start a cemetery."

945
00:55:54,920 --> 00:56:00,640
 As long as it's not going to negatively impact the public health or safety or welfare, you

946
00:56:00,640 --> 00:56:02,860
 could establish a cemetery there.

947
00:56:02,860 --> 00:56:06,800
 >> So I could actually turn into another I00F, I can determine who I want.

948
00:56:06,800 --> 00:56:07,800
 >> Yes.

949
00:56:07,800 --> 00:56:08,800
 >> That's ridiculous.

950
00:56:08,800 --> 00:56:11,760
 >> I mean, keep in mind there are regulatory provisions at the state level with respect

951
00:56:11,760 --> 00:56:16,240
 to operating the cemetery, so don't -- we can't forget about that aspect.

952
00:56:16,240 --> 00:56:23,520
 But I really think the goal of this bill really was to try -- yeah, we're obviously increasing

953
00:56:23,520 --> 00:56:27,640
 the number of people residing within Texas, which unfortunately then has a reverse effect

954
00:56:27,640 --> 00:56:31,920
 of increasing the number of people that eventually will become deceased within our state, right?

955
00:56:31,920 --> 00:56:38,680
 And so having a need to be able to accommodate people, right, so -- but nonetheless, so -- because

956
00:56:38,680 --> 00:56:40,800
 to Cameron's point, I mean, it does address private cemeteries.

957
00:56:40,800 --> 00:56:44,040
 I believe there were some other provisions that come into play that really -- there's

958
00:56:44,040 --> 00:56:47,600
 still an approval process that has to go through at the state level in order to be able to

959
00:56:47,600 --> 00:56:48,980
 operate a private cemetery.

960
00:56:48,980 --> 00:56:56,200
 So it's not as easy, I would say, to be able to open a cemetery, but nonetheless -- because

961
00:56:56,200 --> 00:56:58,720
 they still have to meet all the other regulatory requirements that come into play.

962
00:56:58,720 --> 00:56:59,720
 >> All right.

963
00:56:59,720 --> 00:57:04,480
 So we're not going to, like, bury great grandma in the backyard or something and call it a

964
00:57:04,480 --> 00:57:05,480
 legal thing to do?

965
00:57:05,480 --> 00:57:06,480
 >> All right.

966
00:57:06,480 --> 00:57:07,480
 All right.

967
00:57:07,480 --> 00:57:08,480
 >> Okay.

968
00:57:08,480 --> 00:57:11,480
 >> There's still some other controls that come into play, so.

969
00:57:11,480 --> 00:57:12,480
 >> Okay.

970
00:57:12,480 --> 00:57:14,600
 >> Any other questions or comments?

971
00:57:14,600 --> 00:57:18,000
 >> Historic preservation in a new form.

972
00:57:18,000 --> 00:57:19,000
 >> Yes.

973
00:57:19,000 --> 00:57:20,000
 >> Oh, my gosh.

974
00:57:20,000 --> 00:57:26,040
 Did they -- is it just human cemeteries?

975
00:57:26,040 --> 00:57:28,160
 I mean, is it -- does it mention that?

976
00:57:28,160 --> 00:57:29,160
 I'm just curious.

977
00:57:29,160 --> 00:57:31,840
 >> No, it actually -- it does not mention humans specifically.

978
00:57:31,840 --> 00:57:32,840
 >> Okay.

979
00:57:32,840 --> 00:57:33,840
 So there you go.

980
00:57:33,840 --> 00:57:34,840
 That's something else.

981
00:57:34,840 --> 00:57:35,840
 >> So we could have a pet cemetery.

982
00:57:35,840 --> 00:57:36,840
 >> We could.

983
00:57:36,840 --> 00:57:37,840
 We could.

984
00:57:37,840 --> 00:57:38,840
 Okay.

985
00:57:38,840 --> 00:57:39,840
 >> Okay.

986
00:57:39,840 --> 00:57:40,840
 >> Thank you.

987
00:57:40,840 --> 00:57:49,000
 >> Dog Days, September 9th, 2023.

988
00:57:49,000 --> 00:57:51,400
 >> Concluding items, Commissioner Smith.

989
00:57:51,400 --> 00:57:53,400
 Hello, Ashley.

990
00:57:53,400 --> 00:57:54,400
 Sorry.

991
00:57:54,400 --> 00:57:55,400
 >> Hello.

992
00:57:55,400 --> 00:57:56,400
 Good evening.

993
00:57:56,400 --> 00:58:00,320
 Ashley Eckstead, assistant planner.

994
00:58:00,320 --> 00:58:08,320
 So I am covering HB 4051, and this bill is relating to media production development zones.

995
00:58:08,320 --> 00:58:13,160
 And what this bill did was it removed the population requirement of 250,000.

996
00:58:13,160 --> 00:58:16,880
 So with that requirement removed, this is something that we consider.

997
00:58:16,880 --> 00:58:21,680
 There still are other requirements in the -- or there needs to be an adequate workforce

998
00:58:21,680 --> 00:58:24,720
 and infrastructure to support this production facility.

999
00:58:24,720 --> 00:58:30,240
 It will need to be recognized as a media produced by ordinance, and it also needs to contain

1000
00:58:30,240 --> 00:58:33,760
 a qualified media production location.

1001
00:58:33,760 --> 00:58:38,240
 The benefits of these zones, if they're approved by the state, is it allows for a sales and

1002
00:58:38,240 --> 00:58:43,400
 use tax exemption for a period of two years for construction, maintenance, expansion,

1003
00:58:43,400 --> 00:58:46,640
 and other work on a media production facility.

1004
00:58:46,640 --> 00:58:51,400
 So our code does not currently allow film production use, so if we wanted to allow this

1005
00:58:51,400 --> 00:58:57,280
 in the future, we would need to amend our code to include this use in the zoning districts

1006
00:58:57,280 --> 00:59:01,600
 where it would be permitted, parking requirements, a definition, and any use specific standards

1007
00:59:01,600 --> 00:59:02,600
 for this use.

1008
00:59:02,600 --> 00:59:04,740
 I'm happy to answer any questions.

1009
00:59:04,740 --> 00:59:09,120
 >> Again, this would be like an optional thing if a city wants to give the city the ability

1010
00:59:09,120 --> 00:59:10,600
 to offer that.

1011
00:59:10,600 --> 00:59:14,040
 >> Yes, if we were interested in one of these in the future, potentially.

1012
00:59:14,040 --> 00:59:17,120
 >> To me, I really see this as an opportunity for economic development within the state,

1013
00:59:17,120 --> 00:59:18,120
 right?

1014
00:59:18,120 --> 00:59:22,000
 If you think about, you know, if you're one who likes to watch movie credits and goes

1015
00:59:22,000 --> 00:59:26,120
 all the way to the end, and you might see some of them, you know, I think Georgia and

1016
00:59:26,120 --> 00:59:29,920
 their film commission is really supportive, you know, if the state of Texas is trying

1017
00:59:29,920 --> 00:59:36,160
 to incentivize more film production within the state, then it really helps with, you

1018
00:59:36,160 --> 00:59:39,240
 know, that particular economic development aspect, right?

1019
00:59:39,240 --> 00:59:45,040
 So for us, you know, to me, this would be -- this is such a low priority item, but if

1020
00:59:45,040 --> 00:59:48,360
 economic development came to us and said, hey, we're pursuing all of these businesses

1021
00:59:48,360 --> 00:59:51,440
 for locating here, then, you know, we'll want to make sure that we amend our development

1022
00:59:51,440 --> 00:59:52,440
 code.

1023
00:59:52,440 --> 00:59:57,000
 So this really could actually be a good thing.

1024
00:59:57,000 --> 00:59:58,000
 >> Commissioner Perot.

1025
00:59:58,000 --> 01:00:00,680
 >> Thank you, Jerry.

1026
01:00:00,680 --> 01:00:09,560
 So currently under the DDC, if somebody wanted to open a media production film, they want

1027
01:00:09,560 --> 01:00:14,200
 to make films for their, you know, friends and family that want to come pay them and

1028
01:00:14,200 --> 01:00:17,900
 all that stuff, that's actually disallowed by our current code?

1029
01:00:17,900 --> 01:00:19,120
 >> We just don't have the use.

1030
01:00:19,120 --> 01:00:21,960
 So the closest use we have is a music studio.

1031
01:00:21,960 --> 01:00:22,960
 >> Okay.

1032
01:00:22,960 --> 01:00:28,480
 So currently it would be interpreted as similar enough to that, that is how it would fall

1033
01:00:28,480 --> 01:00:29,480
 under?

1034
01:00:29,480 --> 01:00:33,320
 >> I think we would have to look at what specifically it was, probably not, but I think it would

1035
01:00:33,320 --> 01:00:35,840
 really depend on what they were trying to do.

1036
01:00:35,840 --> 01:00:36,840
 >> Okay.

1037
01:00:36,840 --> 01:00:41,040
 So it's really that doing this would give us the tools to regulate it separately from

1038
01:00:41,040 --> 01:00:44,240
 the next most close use within the DDC?

1039
01:00:44,240 --> 01:00:45,240
 >> Yes.

1040
01:00:45,240 --> 01:00:48,600
 And musician studios are allowed in the mixed use zoning districts, so we would have to see

1041
01:00:48,600 --> 01:00:52,080
 if something like this, if we would want that in those zoning districts.

1042
01:00:52,080 --> 01:00:53,080
 >> Okay.

1043
01:00:53,080 --> 01:00:54,080
 Thank you.

1044
01:00:54,080 --> 01:00:56,200
 >> To me where this really comes into play, you know, it's one thing, if somebody was

1045
01:00:56,200 --> 01:00:59,720
 doing film editing, right, that can be done in an office, right?

1046
01:00:59,720 --> 01:01:03,000
 So we would work with them and classify them as an office use and all, because really that's

1047
01:01:03,000 --> 01:01:04,000
 what they are.

1048
01:01:04,000 --> 01:01:11,040
 But it's, you know, if somebody wants to have a large film production studio, you know,

1049
01:01:11,040 --> 01:01:13,840
 let's say all the undeveloped land on the west side of town, right, and somebody wants

1050
01:01:13,840 --> 01:01:18,800
 to be able to use that for filming western movies or what have you or needing something

1051
01:01:18,800 --> 01:01:23,240
 that needs a really large pasture, maybe there's some cows in it, but it's, you know, wanting

1052
01:01:23,240 --> 01:01:30,760
 to be able to utilize that, it is, you know, if it's really used for like a movie set,

1053
01:01:30,760 --> 01:01:34,680
 that aspect, to me I think really that's where this would come into play and we would work

1054
01:01:34,680 --> 01:01:37,800
 to allow for that kind of use to occur within our community.

1055
01:01:37,800 --> 01:01:45,520
 >> I mean, they might want to film the new pet cemetery, so.

1056
01:01:45,520 --> 01:01:49,400
 >> Any other questions on this one?

1057
01:01:49,400 --> 01:01:53,660
 Thank you, Ashley.

1058
01:01:53,660 --> 01:01:57,080
 >> Michelle is next on the docket, hello.

1059
01:01:57,080 --> 01:02:00,780
 >> I am your caboose.

1060
01:02:00,780 --> 01:02:05,360
 >> So my name is Michelle Reynolds, I'm the Developed Project Facilitator Manager, Development

1061
01:02:05,360 --> 01:02:06,360
 Services.

1062
01:02:06,360 --> 01:02:10,080
 So I'm here to discuss two of the bills, Senate Bill 2449.

1063
01:02:10,080 --> 01:02:16,400
 So what that is requiring is that flats, where they're identified, groundwater, that that

1064
01:02:16,400 --> 01:02:18,600
 be shown on those flats.

1065
01:02:18,600 --> 01:02:23,240
 So what we'll do is update our checklist and coordinate with our wastewater.

1066
01:02:23,240 --> 01:02:29,680
 I don't see this being a big issue as it relates to inside the City of Dentons, but where this

1067
01:02:29,680 --> 01:02:36,560
 could have some impact are within our ETJ1s is where the biggest impact would be.

1068
01:02:36,560 --> 01:02:41,640
 Any questions?

1069
01:02:41,640 --> 01:02:42,640
 I like you all.

1070
01:02:42,640 --> 01:02:43,640
 This is great.

1071
01:02:43,640 --> 01:02:44,640
 Fantastic.

1072
01:02:44,640 --> 01:02:45,640
 Okay.

1073
01:02:45,640 --> 01:02:46,640
 Okay.

1074
01:02:46,640 --> 01:02:47,640
 I'll move, or you're hungry.

1075
01:02:47,640 --> 01:02:48,640
 All right.

1076
01:02:48,640 --> 01:02:49,640
 We'll move to House Bill 14.

1077
01:02:49,640 --> 01:02:54,520
 Where, so this bill, House Bill is really, so it's really unique, right?

1078
01:02:54,520 --> 01:03:04,220
 But the key to this is if we as cities refuse to review plans and refuse to inspect applicants

1079
01:03:04,220 --> 01:03:10,840
 or the projects that that applicant has a right to go to a third party.

1080
01:03:10,840 --> 01:03:19,280
 So what we'll do as a city is have to go out and procure and do RFP, RFQ for vendors and

1081
01:03:19,280 --> 01:03:20,680
 so that they could use those lists.

1082
01:03:20,680 --> 01:03:26,240
 But the key to that is if we as a city decide not to refuse to review plans or review to

1083
01:03:26,240 --> 01:03:28,800
 inspect properties.

1084
01:03:28,800 --> 01:03:32,400
 Commissioner Smith.

1085
01:03:32,400 --> 01:03:37,520
 And that's just refused to review, not decline or deny, I should say.

1086
01:03:37,520 --> 01:03:38,520
 We're just not going to do it.

1087
01:03:38,520 --> 01:03:39,520
 We just say we're not going to look at it.

1088
01:03:39,520 --> 01:03:40,520
 Yes, sir.

1089
01:03:40,520 --> 01:03:43,520
 I don't think we've ever just said, hey, we don't want to look at it.

1090
01:03:43,520 --> 01:03:44,520
 We'll look at all of it.

1091
01:03:44,520 --> 01:03:45,520
 You might get denied.

1092
01:03:45,520 --> 01:03:46,520
 Yeah.

1093
01:03:46,520 --> 01:03:53,280
 We might deny your review or your inspection may fail, but to refuse to work to review.

1094
01:03:53,280 --> 01:03:56,680
 But they can't invoke using a third party if it's denied.

1095
01:03:56,680 --> 01:03:57,680
 No.

1096
01:03:57,680 --> 01:03:58,680
 Correct.

1097
01:03:58,680 --> 01:03:59,680
 That's correct.

1098
01:03:59,680 --> 01:04:00,680
 Thank you.

1099
01:04:00,680 --> 01:04:01,680
 That was exactly my question.

1100
01:04:01,680 --> 01:04:02,680
 They don't like what the city said.

1101
01:04:02,680 --> 01:04:03,680
 Well, that's a different procedure.

1102
01:04:03,680 --> 01:04:04,680
 Yes, ma'am.

1103
01:04:04,680 --> 01:04:05,680
 Yes, ma'am.

1104
01:04:05,680 --> 01:04:06,680
 Commissioner Prud.

1105
01:04:06,680 --> 01:04:07,680
 Thank you, Chair.

1106
01:04:07,680 --> 01:04:20,000
 So I thought that there were instances where HB14 took effect if there was some delay or

1107
01:04:20,000 --> 01:04:26,520
 certain time limitation where if something hadn't been expected in a timely manner, they

1108
01:04:26,520 --> 01:04:28,520
 were allowed to go to a third party.

1109
01:04:28,520 --> 01:04:29,520
 Is that incorrect?

1110
01:04:29,520 --> 01:04:34,520
 Well, that comes into play, basically, if we fail to take action within a certain time

1111
01:04:34,520 --> 01:04:35,520
 period.

1112
01:04:35,520 --> 01:04:36,520
 Right.

1113
01:04:36,520 --> 01:04:40,120
 So we still have the ability to -- someone can submit the request and we can still establish

1114
01:04:40,120 --> 01:04:45,640
 our review period times or if someone's requesting an inspection and they call it on their inspection

1115
01:04:45,640 --> 01:04:50,880
 line or do it online, what have you, we still have a reasonable time to be able to respond.

1116
01:04:50,880 --> 01:04:55,280
 So it prevents someone saying, well, I put my request in and you didn't show up 10 minutes

1117
01:04:55,280 --> 01:04:56,280
 later.

1118
01:04:56,280 --> 01:04:57,280
 Yeah.

1119
01:04:57,280 --> 01:04:58,780
 Well, because we had some others in front of you, right?

1120
01:04:58,780 --> 01:05:00,640
 So it puts some parameter within that.

1121
01:05:00,640 --> 01:05:06,480
 But really, to Michelle's point, it gets at if a city chooses -- if we decide that we're

1122
01:05:06,480 --> 01:05:09,480
 just not going to review your project for whatever reason, we're just not going to review

1123
01:05:09,480 --> 01:05:15,360
 it, then once the time window expires, right, then the applicant has the ability to be able

1124
01:05:15,360 --> 01:05:20,440
 to go procure a third party based upon an approved list of providers that we give them

1125
01:05:20,440 --> 01:05:21,840
 to go have that work done.

1126
01:05:21,840 --> 01:05:27,680
 To Tim's point, you know, we were talking about the -- the likelihood of us to refuse

1127
01:05:27,680 --> 01:05:32,040
 reviewing somebody's project or refusing to do an inspection is like --

1128
01:05:32,040 --> 01:05:33,040
 Very minuscule.

1129
01:05:33,040 --> 01:05:34,400
 We won't be done.

1130
01:05:34,400 --> 01:05:35,400
 Exactly.

1131
01:05:35,400 --> 01:05:36,400
 Right?

1132
01:05:36,400 --> 01:05:37,400
 So -- but it's unfortunate.

1133
01:05:37,400 --> 01:05:42,360
 Bills like this get proposed and in past, as this one did, as a result of, there are

1134
01:05:42,360 --> 01:05:47,680
 cities out there that, let's say, you know, we don't want your development, so we're just

1135
01:05:47,680 --> 01:05:49,360
 not going to review your plans, right?

1136
01:05:49,360 --> 01:05:51,480
 We don't take that business approach, it doesn't.

1137
01:05:51,480 --> 01:05:57,140
 So I mean, that is -- that is not a good way to do business.

1138
01:05:57,140 --> 01:05:59,160
 Governor Smith?

1139
01:05:59,160 --> 01:06:03,720
 But this could essentially say -- and I think it really comes down to the integrity of the

1140
01:06:03,720 --> 01:06:06,320
 third parties that are being put out there, right?

1141
01:06:06,320 --> 01:06:10,760
 But I want to come in and I want to put a strip club in downtown.

1142
01:06:10,760 --> 01:06:13,720
 We as a city, I think we would all -- I mean, the city -- city staff's probably looking

1143
01:06:13,720 --> 01:06:17,200
 at that saying, no, right?

1144
01:06:17,200 --> 01:06:19,400
 We've got regulations that would address that.

1145
01:06:19,400 --> 01:06:20,400
 Right?

1146
01:06:20,400 --> 01:06:21,400
 What's the zoning?

1147
01:06:21,400 --> 01:06:22,400
 Got you.

1148
01:06:22,400 --> 01:06:23,400
 Right?

1149
01:06:23,400 --> 01:06:24,400
 What's the zoning?

1150
01:06:24,400 --> 01:06:25,400
 The zoning says, no, you can't do that here, so go find a zoning district in which you're

1151
01:06:25,400 --> 01:06:26,400
 allowed.

1152
01:06:26,400 --> 01:06:31,560
 But even then, I mean, there's -- there might be some uses that it could come up where it

1153
01:06:31,560 --> 01:06:33,260
 falls within the zoning.

1154
01:06:33,260 --> 01:06:37,040
 And then I'm -- I think I'm still going back to the fact that we've never refused it.

1155
01:06:37,040 --> 01:06:41,280
 If it's in the zoning, we as a city have always been -- if it's allowed, if it's in the table

1156
01:06:41,280 --> 01:06:44,000
 of permitted uses, we're going to review it.

1157
01:06:44,000 --> 01:06:46,800
 It'll probably be recommended for denial or if it's recommended for approval because it

1158
01:06:46,800 --> 01:06:52,600
 meets all criteria, city council or we will deny something like that in that scenario.

1159
01:06:52,600 --> 01:06:57,160
 Well, and even if the use is silent within the development code, we have a process in

1160
01:06:57,160 --> 01:07:00,800
 place to allow for new and unlisted use as classification.

1161
01:07:00,800 --> 01:07:03,600
 So there's a process in place to be able to address that.

1162
01:07:03,600 --> 01:07:08,460
 But this is for, you know, the submission of development applications, if the city chooses

1163
01:07:08,460 --> 01:07:15,760
 to just fail to act on it, right, then it gives the applicant the ability to obtain

1164
01:07:15,760 --> 01:07:19,760
 another entity to be able to review their plans and demonstrate as to why these plans

1165
01:07:19,760 --> 01:07:20,760
 meet the city's requirements.

1166
01:07:20,760 --> 01:07:29,960
 Not all cities are bad, they're just bad cities.

1167
01:07:29,960 --> 01:07:30,960
 Any more questions?

1168
01:07:30,960 --> 01:07:36,160
 If I could share, I would like to compliment the team because, you know, part of the challenge

1169
01:07:36,160 --> 01:07:39,840
 of when the legislature is in session is being able to respond really quickly, but then also

1170
01:07:39,840 --> 01:07:45,040
 going back through once they've been adopted, just confirming what has been passed by the

1171
01:07:45,040 --> 01:07:46,040
 legislature.

1172
01:07:46,040 --> 01:07:49,280
 And so I know I've tasked with -- as you can see, some of these topics are more complex

1173
01:07:49,280 --> 01:07:52,240
 than others, but they've worked really hard on trying to work through this.

1174
01:07:52,240 --> 01:07:56,120
 And I also have to give a shout out to Charlie as well, because I tasked him with managing

1175
01:07:56,120 --> 01:08:00,160
 all of this aspect, given everything else we've got going on, but to help us stay on

1176
01:08:00,160 --> 01:08:03,900
 top of making sure that we're getting each of the bills addressed, we're getting them

1177
01:08:03,900 --> 01:08:09,540
 calendared for where we need to do ordinance amendments and also updating any other processes

1178
01:08:09,540 --> 01:08:12,960
 and checklists and things of that nature and information on our website.

1179
01:08:12,960 --> 01:08:17,520
 So it's been truly a great team effort by all.

1180
01:08:17,520 --> 01:08:21,080
 >> Thank you, Ron, so -- >> I just brought up a slide, so kind of illustrate

1181
01:08:21,080 --> 01:08:22,080
 what Tina was talking about.

1182
01:08:22,080 --> 01:08:24,040
 So there's still work to be done.

1183
01:08:24,040 --> 01:08:26,440
 So that concludes our presentation.

1184
01:08:26,440 --> 01:08:29,600
 >> Yeah, I think it is very well done.

1185
01:08:29,600 --> 01:08:32,040
 Yeah, I've had this on the matrix for a long time.

1186
01:08:32,040 --> 01:08:37,600
 So it's -- this is fantastic and, yeah, I hope it kind of becomes a staple when I'm

1187
01:08:37,600 --> 01:08:43,000
 not sitting here anymore and just that y'all do this, just because it's so important.

1188
01:08:43,000 --> 01:08:50,440
 >> It was -- you know, we had -- I know Ron put 18 to 20 development bills that were on

1189
01:08:50,440 --> 01:08:56,040
 there, but there were -- I was reviewing -- there were 40 bills that we were going through and

1190
01:08:56,040 --> 01:09:00,800
 reviewing as it relates to our -- just development services in general.

1191
01:09:00,800 --> 01:09:09,240
 And so it is -- you know, it -- this year, with respect to the development regulations,

1192
01:09:09,240 --> 01:09:13,480
 there was obviously quite a few bills, as Ron pointed out, that were proposed.

1193
01:09:13,480 --> 01:09:16,920
 And so, you know, we're always evaluating to see for consistency with the city's policies

1194
01:09:16,920 --> 01:09:18,880
 and legislative priorities.

1195
01:09:18,880 --> 01:09:22,920
 But then also, you know, are they in the best interest of Denton?

1196
01:09:22,920 --> 01:09:24,220
 What are the implications?

1197
01:09:24,220 --> 01:09:28,320
 We try to work with the legislators also on, you know, trying to understand what the issue

1198
01:09:28,320 --> 01:09:33,480
 is, what they're trying to address, and seeing if we can help provide better language within

1199
01:09:33,480 --> 01:09:34,600
 the statute as well.

1200
01:09:34,600 --> 01:09:39,320
 So we've -- we're, I think, instrumental in that aspect, and in some cases, is trying

1201
01:09:39,320 --> 01:09:45,600
 to help our legislators who represent Denton be able to help get bills possibly converted

1202
01:09:45,600 --> 01:09:46,600
 into a yes.

1203
01:09:46,600 --> 01:09:47,600
 >> All right.

1204
01:09:47,600 --> 01:09:51,760
 Yeah, and Ron, while we have you up there, I don't know if everyone knows, but this is

1205
01:09:51,760 --> 01:09:57,440
 Ron's last planning and zoning meeting, because by the time we meet again, it will be his

1206
01:09:57,440 --> 01:09:58,920
 last day with the city.

1207
01:09:58,920 --> 01:09:59,920
 So --

1208
01:09:59,920 --> 01:10:00,920
 >> There will be no items on that.

1209
01:10:00,920 --> 01:10:05,000
 >> -- you won't want to be at our meeting for some reason.

1210
01:10:05,000 --> 01:10:06,920
 But anyway, you will be truly, Mr. Ron.

1211
01:10:06,920 --> 01:10:07,920
 You are --

1212
01:10:07,920 --> 01:10:08,920
 >> Thank you so much.

1213
01:10:08,920 --> 01:10:09,920
 >> -- such an asset.

1214
01:10:09,920 --> 01:10:11,600
 And over all these years, you have taught us all so, so much.

1215
01:10:11,600 --> 01:10:12,600
 >> I appreciate that.

1216
01:10:12,600 --> 01:10:13,600
 Thank you so much.

1217
01:10:13,600 --> 01:10:14,600
 >> It has been a pleasure.

1218
01:10:14,600 --> 01:10:15,600
 >> And I hope Ms. Dannen and everyone here as well.

1219
01:10:15,600 --> 01:10:16,600
 So thank you.

1220
01:10:16,600 --> 01:10:17,600
 >> Very good.

1221
01:10:17,600 --> 01:10:18,600
 All right.

1222
01:10:18,600 --> 01:10:19,600
 Anything else?

1223
01:10:19,600 --> 01:10:20,600
 Okay.

1224
01:10:20,600 --> 01:10:24,480
 Let's close the work session at 611, and we will reconvene in council chambers for our

1225
01:10:24,480 --> 01:10:28,240
 regular meeting at 630.

1226
01:10:28,240 --> 01:10:31,560
 Good evening, and welcome to the City and Denton's Planning and Zoning Commission meeting

1227
01:10:31,560 --> 01:10:34,440
 for Wednesday, August 23, 2023.

1228
01:10:34,440 --> 01:10:39,600
 With the quorum present, I will call us to order at 636 p.m.

1229
01:10:39,600 --> 01:10:42,880
 First item on our agenda this evening is the Pledge of Allegiance to the U.S. and Texas

1230
01:10:42,880 --> 01:10:43,880
 flags.

1231
01:10:43,880 --> 01:10:59,520
 I pledge allegiance to the flag of the United States of America, and to the republic for

1232
01:10:59,520 --> 01:11:02,520
 which it stands, one nation, under God, indivisible, with liberty and justice for all.

1233
01:11:02,520 --> 01:11:03,520
 Honor the Texas flag.

1234
01:11:03,520 --> 01:11:11,040
 I pledge allegiance to thee, Texas, one state, under God, one and indivisible.

1235
01:11:11,040 --> 01:11:12,040
 Thank you.

1236
01:11:12,040 --> 01:11:16,200
 Next item on our agenda is consider approval of the minutes for the planning and zoning

1237
01:11:16,200 --> 01:11:18,280
 meeting from August 9th.

1238
01:11:18,280 --> 01:11:19,280
 Commissioner Villarreal.

1239
01:11:19,280 --> 01:11:20,280
 >> I move approval.

1240
01:11:20,280 --> 01:11:21,280
 >> Commissioner Cole.

1241
01:11:21,280 --> 01:11:22,280
 >> Second.

1242
01:11:22,280 --> 01:11:23,280
 >> Okay.

1243
01:11:23,280 --> 01:11:24,280
 We've got a first and a second.

1244
01:11:24,280 --> 01:11:25,280
 Any discussion?

1245
01:11:25,280 --> 01:11:26,280
 Okay.

1246
01:11:26,280 --> 01:11:33,120
 Let's go ahead and vote, please.

1247
01:11:33,120 --> 01:11:34,640
 That motion carries 7-0.

1248
01:11:34,640 --> 01:11:38,600
 That will take us to our consent agenda this evening.

1249
01:11:38,600 --> 01:11:39,600
 Commissioner Villarreal.

1250
01:11:39,600 --> 01:11:41,240
 >> I move approval.

1251
01:11:41,240 --> 01:11:42,240
 >> Commissioner Anderson.

1252
01:11:42,240 --> 01:11:43,240
 >> Second.

1253
01:11:43,240 --> 01:11:44,240
 >> Okay.

1254
01:11:44,240 --> 01:11:47,800
 We've got a first and a second for approval of consent this evening.

1255
01:11:47,800 --> 01:11:48,800
 Any discussion?

1256
01:11:48,800 --> 01:11:49,800
 Okay.

1257
01:11:49,800 --> 01:11:57,240
 Let's go ahead and vote, please.

1258
01:11:57,240 --> 01:11:59,920
 That motion carries 7-0.

1259
01:11:59,920 --> 01:12:02,880
 That will take us to our items for individual consideration.

1260
01:12:02,880 --> 01:12:07,320
 First one is 4A, FR230013.

1261
01:12:07,320 --> 01:12:09,320
 Mia is here to present that item.

1262
01:12:09,320 --> 01:12:10,320
 Good evening.

1263
01:12:10,320 --> 01:12:16,880
 Good evening, Chair, members of the Commission.

1264
01:12:16,880 --> 01:12:18,720
 Mia Hines, Associate Planner.

1265
01:12:18,720 --> 01:12:22,960
 This first item is a final replat for Razor Ranch Town Center.

1266
01:12:22,960 --> 01:12:27,440
 Sorry, I was making sure this was the right one.

1267
01:12:27,440 --> 01:12:31,360
 It is located at the northwest corner of Panhandle Drive and Heritage Trail.

1268
01:12:31,360 --> 01:12:33,760
 The site itself is just under three acres.

1269
01:12:33,760 --> 01:12:38,320
 At this time, the site does not meet all of our criteria for approval for final replats,

1270
01:12:38,320 --> 01:12:39,320
 so we are recommending denial.

1271
01:12:39,320 --> 01:12:44,080
 However, we have no objection to the requested extension, which can be granted to September

1272
01:12:44,080 --> 01:12:45,080
 13th, 2023.

1273
01:12:45,080 --> 01:12:46,080
 Any questions?

1274
01:12:46,080 --> 01:12:49,720
 >> I do not see any questions.

1275
01:12:49,720 --> 01:12:50,720
 Thank you, Mia.

1276
01:12:50,720 --> 01:12:51,720
 Appreciate it.

1277
01:12:51,720 --> 01:12:52,720
 Commissioner Villarreal.

1278
01:12:52,720 --> 01:12:55,840
 >> I move approval of the extension to a date certain of September 13th, 2023.

1279
01:12:55,840 --> 01:12:56,840
 >> Okay.

1280
01:12:56,840 --> 01:12:57,840
 Commissioner Cole.

1281
01:12:57,840 --> 01:12:58,840
 >> Second.

1282
01:12:58,840 --> 01:13:01,400
 >> We've got a first and a second to grant the extension request to a date certain of

1283
01:13:01,400 --> 01:13:04,440
 September 13th, 2023.

1284
01:13:04,440 --> 01:13:05,440
 Any questions?

1285
01:13:05,440 --> 01:13:06,440
 Discussion?

1286
01:13:06,440 --> 01:13:07,440
 Okay.

1287
01:13:07,440 --> 01:13:14,520
 Let's go ahead and vote, please.

1288
01:13:14,520 --> 01:13:16,280
 That motion carries 7-0.

1289
01:13:16,280 --> 01:13:18,280
 That will take us to 4B, FR230014.

1290
01:13:18,280 --> 01:13:24,760
 >> Good evening again, Chair, members of the commission, Mia Hines, associate planner.

1291
01:13:24,760 --> 01:13:28,680
 This item is a final replat for Razor Ranch North.

1292
01:13:28,680 --> 01:13:32,160
 Specifically, the site is just under 15 acres.

1293
01:13:32,160 --> 01:13:37,920
 It's located just north of -- I'm sorry, just east of I-35, north of University.

1294
01:13:37,920 --> 01:13:42,720
 Similarly, this item does not meet all of our criteria for approval for final replats,

1295
01:13:42,720 --> 01:13:46,860
 so we are recommending denial, but we have no objection to the requested extension, which

1296
01:13:46,860 --> 01:13:50,200
 can be granted to September 13th, 2023.

1297
01:13:50,200 --> 01:13:52,200
 At this time, I'll stand for any questions.

1298
01:13:52,200 --> 01:13:53,200
 >> Great.

1299
01:13:53,200 --> 01:13:54,200
 Questions?

1300
01:13:54,200 --> 01:13:55,800
 I do not see any.

1301
01:13:55,800 --> 01:13:56,800
 Thank you.

1302
01:13:56,800 --> 01:13:57,800
 Commissioner Villarreal.

1303
01:13:57,800 --> 01:14:02,600
 >> Approval of the extension to date certain of September 13th, 2023.

1304
01:14:02,600 --> 01:14:03,600
 >> Commissioner Cole.

1305
01:14:03,600 --> 01:14:04,600
 >> Second.

1306
01:14:04,600 --> 01:14:05,600
 >> Okay.

1307
01:14:05,600 --> 01:14:08,160
 We've got a first and a second to grant the extension request to a date certain of September

1308
01:14:08,160 --> 01:14:11,200
 13th, 2023.

1309
01:14:11,200 --> 01:14:12,200
 Any discussion?

1310
01:14:12,200 --> 01:14:13,200
 Questions?

1311
01:14:13,200 --> 01:14:14,200
 Okay.

1312
01:14:14,200 --> 01:14:20,720
 Let's go ahead and vote, please.

1313
01:14:20,720 --> 01:14:23,680
 That motion carries 7-0.

1314
01:14:23,680 --> 01:14:30,000
 Item 4C has been withdrawn by the applicant, so we will not be taking action there.

1315
01:14:30,000 --> 01:14:34,160
 As well as 4D has been withdrawn by the applicant.

1316
01:14:34,160 --> 01:14:35,760
 No action there.

1317
01:14:35,760 --> 01:14:37,760
 4E is next, FP230022.

1318
01:14:37,760 --> 01:14:38,760
 Hello, Julie.

1319
01:14:38,760 --> 01:14:39,760
 >> Good evening.

1320
01:14:39,760 --> 01:14:48,800
 Julie Wyatt, principal planner with the City of Denton, and I'm presenting FP230022.

1321
01:14:48,800 --> 01:14:50,760
 This is for the towns and green development.

1322
01:14:50,760 --> 01:14:52,200
 It's the second phase of that.

1323
01:14:52,200 --> 01:14:54,440
 It's for single family residential development.

1324
01:14:54,440 --> 01:14:59,000
 They still have some things they need to work through on this final plat, and so staff is

1325
01:14:59,000 --> 01:15:00,000
 recommending denial.

1326
01:15:00,000 --> 01:15:04,920
 However, we have no objection to the requested extension to September 13th, and I'll be happy

1327
01:15:04,920 --> 01:15:05,920
 to answer any questions.

1328
01:15:05,920 --> 01:15:06,920
 >> Thank you, Julie.

1329
01:15:06,920 --> 01:15:07,920
 Any questions, commissioners?

1330
01:15:07,920 --> 01:15:11,380
 I'm not seeing any.

1331
01:15:11,380 --> 01:15:12,800
 Thank you very much.

1332
01:15:12,800 --> 01:15:13,800
 Commissioner Villarreal.

1333
01:15:13,800 --> 01:15:17,720
 >> Approval of the extension to date certain of September 13th, 2023.

1334
01:15:17,720 --> 01:15:19,960
 >> Thank you.

1335
01:15:19,960 --> 01:15:20,960
 Commissioner Pruitt.

1336
01:15:20,960 --> 01:15:21,960
 >> Second.

1337
01:15:21,960 --> 01:15:22,960
 >> Okay.

1338
01:15:22,960 --> 01:15:27,000
 First and a second to approve the extension request to a date certain of September 13th,

1339
01:15:27,000 --> 01:15:28,720
 2023.

1340
01:15:28,720 --> 01:15:29,720
 Any discussion?

1341
01:15:29,720 --> 01:15:30,720
 Okay.

1342
01:15:30,720 --> 01:15:38,460
 Let's vote, please.

1343
01:15:38,460 --> 01:15:40,760
 That motion carries 7-0.

1344
01:15:40,760 --> 01:15:43,360
 That will take us to our public hearings for this evening.

1345
01:15:43,360 --> 01:15:44,360
 We have one.

1346
01:15:44,360 --> 01:15:49,600
 It is 5A, DCA23-0001.

1347
01:15:49,600 --> 01:15:52,560
 Julie is here to present the item, and I will open the public hearing.

1348
01:15:52,560 --> 01:15:53,560
 >> All right.

1349
01:15:53,560 --> 01:15:54,560
 Good evening.

1350
01:15:54,560 --> 01:15:55,560
 Julie Wyatt.

1351
01:15:55,560 --> 01:16:03,000
 I am presenting DCA23-0001, a reasonable accommodation, group homes, community homes, and elderly

1352
01:16:03,000 --> 01:16:04,000
 housing.

1353
01:16:04,000 --> 01:16:08,960
 So, as we discussed in the work session, this is a proposal for DENT and development code

1354
01:16:08,960 --> 01:16:14,960
 regulations related to these items, and we're going to go over a little more detail than

1355
01:16:14,960 --> 01:16:16,640
 we did in the work session.

1356
01:16:16,640 --> 01:16:21,800
 I'll go over all of the detail that we did in DCRC unless you did want a further discussion

1357
01:16:21,800 --> 01:16:22,800
 on it.

1358
01:16:22,800 --> 01:16:25,800
 So, here we go.

1359
01:16:25,800 --> 01:16:31,120
 First of all, before we talk about the regulations, just want to hit on a couple of key concepts.

1360
01:16:31,120 --> 01:16:33,200
 First, what is a disability?

1361
01:16:33,200 --> 01:16:34,680
 How is that defined by law?

1362
01:16:34,680 --> 01:16:39,680
 It really relates to three things associated with that.

1363
01:16:39,680 --> 01:16:44,560
 There needs to be a physical or mental impairment that substantially limits one or more major

1364
01:16:44,560 --> 01:16:45,880
 life activities.

1365
01:16:45,880 --> 01:16:51,520
 Two, there has to be a record of such impairment, and then three, that disability cannot include

1366
01:16:51,520 --> 01:16:54,120
 current use of alcohol or drugs.

1367
01:16:54,120 --> 01:17:00,360
 However, individuals in recovery may be considered disabled.

1368
01:17:00,360 --> 01:17:05,340
 As part of that, there is a concept called reasonable accommodation, and that is intended

1369
01:17:05,340 --> 01:17:11,700
 for a change exception or adjustment to a rule within the city that would be necessary

1370
01:17:11,700 --> 01:17:17,720
 to remove barriers for a person with disabilities so that they can enjoy housing in a similar

1371
01:17:17,720 --> 01:17:21,800
 manner as persons without disabilities.

1372
01:17:21,800 --> 01:17:26,400
 The courts have determined there are two parts to reasonable accommodation.

1373
01:17:26,400 --> 01:17:29,320
 It must be necessary, and it must be reasonable.

1374
01:17:29,320 --> 01:17:33,800
 So as we looked at these development code regulations, that's what we kept in mind

1375
01:17:33,800 --> 01:17:35,720
 the entire time.

1376
01:17:35,720 --> 01:17:39,740
 And these are really related to the physical aspects of the property.

1377
01:17:39,740 --> 01:17:44,760
 Think maybe somebody would need to encroach into a front yard setback for a covering for

1378
01:17:44,760 --> 01:17:53,040
 a carport to allow a person with a van to allow for a wheelchair to get in and out so

1379
01:17:53,040 --> 01:17:56,440
 they wouldn't be out in the elements of rain.

1380
01:17:56,440 --> 01:18:02,720
 Or think about something like landscape area or lot coverage where a ramp would be needed.

1381
01:18:02,720 --> 01:18:09,840
 So it's those physical aspects to make a property and to change a property so that

1382
01:18:09,840 --> 01:18:16,240
 a person with disabilities could use it in a manner as a person without disabilities.

1383
01:18:16,240 --> 01:18:22,120
 The state of Texas also has rules related to disabilities in housing, essentially.

1384
01:18:22,120 --> 01:18:26,320
 Discrimination is not legal, so we should keep that in mind as we're thinking about

1385
01:18:26,320 --> 01:18:27,320
 our ordinances.

1386
01:18:27,320 --> 01:18:33,320
 And then there's two types of housing that are related to persons with disabilities that

1387
01:18:33,320 --> 01:18:34,920
 I want to cover tonight.

1388
01:18:34,920 --> 01:18:43,760
 One, community homes for the disabled, that is a very specific type of housing.

1389
01:18:43,760 --> 01:18:49,480
 It was created by chapter 123 of the Texas Human Resources Code, and it is limited to

1390
01:18:49,480 --> 01:18:52,640
 no more than six residents with two supervisors.

1391
01:18:52,640 --> 01:18:55,600
 There are provisions for how far apart they can be.

1392
01:18:55,600 --> 01:18:59,480
 How many bedroom or how many vehicles they can have.

1393
01:18:59,480 --> 01:19:02,680
 So it's got to be licensed in a very specific way.

1394
01:19:02,680 --> 01:19:06,440
 So it's a very specific type of housing.

1395
01:19:06,440 --> 01:19:10,640
 The other type of housing is group home, and our legal department did some research on

1396
01:19:10,640 --> 01:19:14,760
 this and found that there are 24 types of group homes within the state of Texas.

1397
01:19:14,760 --> 01:19:17,480
 It's a really broad category.

1398
01:19:17,480 --> 01:19:24,040
 And so we're trying to encapsulate all of those 24 items within our regulations.

1399
01:19:24,040 --> 01:19:31,560
 So keeping those key concepts in mind, we looked at the development code to see where

1400
01:19:31,560 --> 01:19:33,720
 we needed to make some improvements.

1401
01:19:33,720 --> 01:19:41,320
 As we talked about in work session, our regulations related to these concepts and uses, they've

1402
01:19:41,320 --> 01:19:46,720
 been added on and modified over the years without anybody taking a holistic view.

1403
01:19:46,720 --> 01:19:51,280
 So that's what we tried to do with DCRC earlier this year, is to kind of take everything and

1404
01:19:51,280 --> 01:19:54,720
 figure out how it all works together and make sure it makes sense.

1405
01:19:54,720 --> 01:19:58,920
 So first, reasonable accommodation, we are proposing changes to that.

1406
01:19:58,920 --> 01:20:03,920
 We found that our regulations, they're housed under the minor modification standards in

1407
01:20:03,920 --> 01:20:05,160
 the Denton Development Code.

1408
01:20:05,160 --> 01:20:10,600
 It was extremely limited as to what someone could do, not only in the types of modifications

1409
01:20:10,600 --> 01:20:12,200
 but in the amount.

1410
01:20:12,200 --> 01:20:15,560
 So for instance, you could only encroach 10 percent in a setback.

1411
01:20:15,560 --> 01:20:22,320
 It may not get someone with a disability what they need in order to make that house livable

1412
01:20:22,320 --> 01:20:23,320
 for them.

1413
01:20:23,320 --> 01:20:29,640
 So we wanted to kind of take a look at that, put it in its own category, and really look

1414
01:20:29,640 --> 01:20:32,220
 to see what we needed to be able to modify.

1415
01:20:32,220 --> 01:20:35,000
 We also looked at the use regulations.

1416
01:20:35,000 --> 01:20:40,720
 We not only looked at the use tables, but also the use specific standards, and made

1417
01:20:40,720 --> 01:20:46,400
 sure that they made sense and that they were something that could be enforceable and that

1418
01:20:46,400 --> 01:20:48,340
 they weren't confusing.

1419
01:20:48,340 --> 01:20:53,960
 We looked at an exception for maximum persons occupying a dwelling.

1420
01:20:53,960 --> 01:20:57,240
 We also looked at parking regulations and then our definitions.

1421
01:20:57,240 --> 01:21:00,940
 So we'll take a little more detail on each of these.

1422
01:21:00,940 --> 01:21:03,180
 So a little bit more about reasonable accommodation.

1423
01:21:03,180 --> 01:21:06,960
 As I mentioned, it was under the minor modification standards.

1424
01:21:06,960 --> 01:21:10,960
 We've gone ahead and we're proposing to pull that out, just put a separate line item in

1425
01:21:10,960 --> 01:21:13,640
 our flexibility and relief procedures.

1426
01:21:13,640 --> 01:21:19,280
 That way staff can find it more easily and also the community.

1427
01:21:19,280 --> 01:21:27,800
 As part of that, we talked about the application, and so we've got a process established within

1428
01:21:27,800 --> 01:21:33,320
 the Denton Development Code that requires owner authorization but no fees, so we wanted

1429
01:21:33,320 --> 01:21:35,440
 to make it as easy as possible.

1430
01:21:35,440 --> 01:21:38,960
 We also established a process, we want it to be as quick as possible.

1431
01:21:38,960 --> 01:21:44,480
 So to ask for some information from the applicant, we want to make sure we get them what they

1432
01:21:44,480 --> 01:21:50,000
 need, but with a limitation, that it really should be completed within 30 days.

1433
01:21:50,000 --> 01:21:56,240
 The staff review and analysis and determination really should be completed as quickly as possible.

1434
01:21:56,240 --> 01:22:01,260
 There are some provisions to be able to stop that clock if we need more data, but really

1435
01:22:01,260 --> 01:22:05,000
 to get it through and get it moving on.

1436
01:22:05,000 --> 01:22:14,200
 We are proposing to rest the approval, denial, or alternatives with the city manager or designee.

1437
01:22:14,200 --> 01:22:18,520
 And then any appeals would follow our administrative appeal procedure.

1438
01:22:18,520 --> 01:22:23,040
 What we tried to do with all of these is really look at processes we already had established

1439
01:22:23,040 --> 01:22:28,960
 in the code and then try to just piggyback on those, not create new wheels, just try

1440
01:22:28,960 --> 01:22:31,240
 to use what we had.

1441
01:22:31,240 --> 01:22:37,200
 And then any accommodations that would be approved and installed would be subject to

1442
01:22:37,200 --> 01:22:43,420
 our nonconforming regulations once that person who was in need of that accommodation was

1443
01:22:43,420 --> 01:22:46,340
 no longer living on that property.

1444
01:22:46,340 --> 01:22:51,640
 So then it would just become part of that nonconformity where it could stay in place

1445
01:22:51,640 --> 01:22:53,360
 but it could not be expanded.

1446
01:22:53,360 --> 01:23:02,360
 So think about if somebody needed a covering over a walkway, the next person couldn't

1447
01:23:02,360 --> 01:23:04,120
 come in and enclose that covering.

1448
01:23:04,120 --> 01:23:09,960
 It would be part of those nonconforming regulations, couldn't be expanded, but wouldn't necessarily

1449
01:23:09,960 --> 01:23:13,320
 have to be removed.

1450
01:23:13,320 --> 01:23:18,280
 We also looked at the table of allowed uses for community homes, elderly housing, and

1451
01:23:18,280 --> 01:23:19,640
 group home.

1452
01:23:19,640 --> 01:23:22,240
 We are proposing no changes to community home.

1453
01:23:22,240 --> 01:23:28,760
 Our regulations are consistent with the state statute in that it is required to be every

1454
01:23:28,760 --> 01:23:34,400
 place that residential uses are permitted, so it's consistent with state law.

1455
01:23:34,400 --> 01:23:38,120
 Where we are proposing changes are elderly housing and then group homes.

1456
01:23:38,120 --> 01:23:40,240
 So first of all, elderly housing.

1457
01:23:40,240 --> 01:23:46,860
 We are proposing to add use-specific standards to MD and MR, and that will be a little clearer

1458
01:23:46,860 --> 01:23:48,040
 on a next slide.

1459
01:23:48,040 --> 01:23:54,000
 Add it to suburban corridor and highway corridor, and then remove it from general office.

1460
01:23:54,000 --> 01:23:58,560
 When we talked about adding it to suburban corridor or highway corridor, those are places

1461
01:23:58,560 --> 01:24:03,160
 that we allow things like multi-family dwellings, and when you think about an elderly housing

1462
01:24:03,160 --> 01:24:08,160
 use, it can go all the way from just a single-family home to something that is a very institutional

1463
01:24:08,160 --> 01:24:11,380
 type use or something that even looks like multi-family.

1464
01:24:11,380 --> 01:24:16,760
 So there's a lot of variability within elderly housing, and so putting that within suburban

1465
01:24:16,760 --> 01:24:22,120
 corridor and highway corridor with a specific use permit to allow a little bit of extra

1466
01:24:22,120 --> 01:24:27,080
 review, we felt like it was appropriate because there are different physical types of elderly

1467
01:24:27,080 --> 01:24:28,080
 housing developments.

1468
01:24:28,080 --> 01:24:33,520
 And then to remove it from GEO, because GEO has some industrial uses.

1469
01:24:33,520 --> 01:24:37,440
 There are some incompatibilities that could be created, and so we felt like, you know,

1470
01:24:37,440 --> 01:24:41,000
 those just need to be separated, so it makes a lot of sense.

1471
01:24:41,000 --> 01:24:46,720
 For group home, we did add that use to R1 and R2 with a specific use permit, and that

1472
01:24:46,720 --> 01:24:52,080
 would be consistent with the rest of our residential zoning districts.

1473
01:24:52,080 --> 01:24:55,560
 So when we get to use specific standards, there's quite a bit in your backup.

1474
01:24:55,560 --> 01:24:58,800
 I won't read them, but just I want to touch on some highlights.

1475
01:24:58,800 --> 01:25:00,640
 First of all, elderly housing.

1476
01:25:00,640 --> 01:25:04,800
 We're proposing to remove the maximum square footage from R6 and R7.

1477
01:25:04,800 --> 01:25:06,640
 It requires a specific use permit.

1478
01:25:06,640 --> 01:25:13,640
 The lot sizes are smaller, so we don't anticipate that that 55,000 square foot max would really

1479
01:25:13,640 --> 01:25:16,360
 come into play in an R6 or R7.

1480
01:25:16,360 --> 01:25:19,360
 Those are more residential zoning districts.

1481
01:25:19,360 --> 01:25:24,560
 We also clarified the design standards, because elderly housing sort of has one foot in residential

1482
01:25:24,560 --> 01:25:30,240
 uses and one foot in institutional uses, we really kind of had to make judgment calls

1483
01:25:30,240 --> 01:25:35,040
 as to what design standards in subchapter 7 would be required.

1484
01:25:35,040 --> 01:25:41,800
 We just went ahead and codified that to say, you know, what would be required for any development.

1485
01:25:41,800 --> 01:25:46,520
 Community homes, our current code has the use specific standards for community homes

1486
01:25:46,520 --> 01:25:49,520
 and group homes all squished together.

1487
01:25:49,520 --> 01:25:56,120
 And it was really hard for staff to parse out and to tease out what applied when.

1488
01:25:56,120 --> 01:25:59,200
 And it was also probably confusing for the community as well.

1489
01:25:59,200 --> 01:26:03,000
 So we went ahead and said, we need to break these two apart, have community home, have

1490
01:26:03,000 --> 01:26:08,960
 its own use specific standards that are consistent with state law, and then have a group home

1491
01:26:08,960 --> 01:26:12,640
 be its own stand alone use specific standard.

1492
01:26:12,640 --> 01:26:15,560
 That gets us to that group home.

1493
01:26:15,560 --> 01:26:20,280
 Not only was it combined with community home, but it also established new processes for

1494
01:26:20,280 --> 01:26:25,320
 specific use permits, different expiration dates, things that could create confusion

1495
01:26:25,320 --> 01:26:26,640
 in the future.

1496
01:26:26,640 --> 01:26:32,920
 So what we're proposing to do is to simplify that, rely on those established processes

1497
01:26:32,920 --> 01:26:40,740
 where appropriate, but add a little bit extra for group home, for example, specific use

1498
01:26:40,740 --> 01:26:46,240
 permits for group homes, we're proposing that they are specific to the operator.

1499
01:26:46,240 --> 01:26:50,680
 And so any new operator for a group home would need to come in and get a new specific use

1500
01:26:50,680 --> 01:26:52,200
 permit.

1501
01:26:52,200 --> 01:26:56,480
 Just thinking about the residents, making sure we're protecting our residents and also

1502
01:26:56,480 --> 01:27:00,680
 those neighborhoods and communities where those uses would be.

1503
01:27:00,680 --> 01:27:07,940
 We also wanted to remove redundancies and then clarify specific application requirements.

1504
01:27:07,940 --> 01:27:14,800
 We looked at parking for these uses, they were confusing under our current code because

1505
01:27:14,800 --> 01:27:18,480
 it talks about design capacity, we really didn't define that.

1506
01:27:18,480 --> 01:27:22,360
 So what we did is just said for community home, one space per bedroom that's consistent

1507
01:27:22,360 --> 01:27:28,600
 with state law, it's really easy to apply, it is just more straightforward.

1508
01:27:28,600 --> 01:27:34,080
 For elderly housing, once again, because there is that variability, we went ahead and DCRC

1509
01:27:34,080 --> 01:27:40,240
 agreed to just have that be director determination, that way we can make sure that any future

1510
01:27:40,240 --> 01:27:45,400
 projects get the parking that they need so that they can accommodate their residents

1511
01:27:45,400 --> 01:27:52,680
 and visitors and employees, but not make them over park, so they can get those right size

1512
01:27:52,680 --> 01:27:53,680
 parking slots.

1513
01:27:53,680 --> 01:27:58,160
 And then group home, follow the community home, once again, really easy to just apply

1514
01:27:58,160 --> 01:28:01,560
 that one space per bedroom.

1515
01:28:01,560 --> 01:28:06,120
 I won't go over, we've gone over most of this, I just want to highlight the last row

1516
01:28:06,120 --> 01:28:08,360
 and that's that other.

1517
01:28:08,360 --> 01:28:14,560
 We did, I touched on it at the top of the presentation, we added an exemption for the

1518
01:28:14,560 --> 01:28:20,120
 maximum persons occupying a dwelling for community homes, group homes and elderly housing.

1519
01:28:20,120 --> 01:28:26,360
 Our current code limits it to four unrelated persons, we've gone ahead and added that exemption

1520
01:28:26,360 --> 01:28:32,000
 for these types of uses because they are more communal living uses.

1521
01:28:32,000 --> 01:28:36,760
 And then we also did make some changes or proposing to make some changes within our

1522
01:28:36,760 --> 01:28:37,760
 definitions.

1523
01:28:37,760 --> 01:28:42,520
 One, we currently under our code do not have a definition for just disability.

1524
01:28:42,520 --> 01:28:48,640
 We have disabled persons, we have handicapped, we have impaired, but we do not have disability.

1525
01:28:48,640 --> 01:28:56,800
 Thought we would remove all of those redundant or other terms that aren't used in other parts

1526
01:28:56,800 --> 01:29:03,760
 of the code for that one definition, it's a lot cleaner to apply for staff in the community.

1527
01:29:03,760 --> 01:29:11,160
 We did add or proposing to include former use of controlled substances and or alcohol

1528
01:29:11,160 --> 01:29:18,600
 as part of that disability, because that's kind of one of those standards that is used

1529
01:29:18,600 --> 01:29:26,840
 within the disability regulations in some communities.

1530
01:29:26,840 --> 01:29:31,560
 And then like I said, remove those definitions which were really redundant.

1531
01:29:31,560 --> 01:29:36,800
 Public outreach was sent out, we sent out the newspaper ad that we typically do for

1532
01:29:36,800 --> 01:29:39,240
 text amendments to the Denton Development Code.

1533
01:29:39,240 --> 01:29:47,200
 We had a new notification with the House bill, sorry, Senate bill 929, and that's that notification

1534
01:29:47,200 --> 01:29:54,160
 because we had the one property that would be made nonconforming with this project.

1535
01:29:54,160 --> 01:30:00,360
 We sent out 272 notices to the residents and the property owner.

1536
01:30:00,360 --> 01:30:07,240
 As I mentioned in work session, staff, if this is approved by council, staff intends

1537
01:30:07,240 --> 01:30:15,960
 to follow up pretty quickly with a staff initiated rezoning to get this property in line with

1538
01:30:15,960 --> 01:30:23,400
 the comprehensive plan and the surrounding zoning pattern and also the use.

1539
01:30:23,400 --> 01:30:25,520
 So that concludes my presentation.

1540
01:30:25,520 --> 01:30:28,660
 We have, if you have any questions, be happy to answer them.

1541
01:30:28,660 --> 01:30:32,900
 We have the Committee on Persons with Disabilities on September 21st.

1542
01:30:32,900 --> 01:30:38,080
 We also sent out a informal staff report to that group just to kind of let them know what's

1543
01:30:38,080 --> 01:30:39,740
 going on.

1544
01:30:39,740 --> 01:30:45,200
 And then that would be followed up tentatively with council schedules for September 26th.

1545
01:30:45,200 --> 01:30:47,760
 And like I said, be happy to answer any questions.

1546
01:30:47,760 --> 01:30:49,920
 Thank you, Julie.

1547
01:30:49,920 --> 01:30:51,280
 Any questions?

1548
01:30:51,280 --> 01:30:53,800
 Everybody's screens are coming up.

1549
01:30:53,800 --> 01:30:55,480
 Julia, I've got one.

1550
01:30:55,480 --> 01:30:58,880
 You mentioned in there needing an owner authorization form.

1551
01:30:58,880 --> 01:31:06,080
 Is that something that we have that is like prepared and consistent and hopefully notarized?

1552
01:31:06,080 --> 01:31:07,080
 That is a great question.

1553
01:31:07,080 --> 01:31:12,820
 We have an owner authorization form that we require on every application that's submitted

1554
01:31:12,820 --> 01:31:13,820
 to the city.

1555
01:31:13,820 --> 01:31:15,360
 So you're just using that same one?

1556
01:31:15,360 --> 01:31:16,360
 Yes, we'll just use the same one.

1557
01:31:16,360 --> 01:31:18,800
 Is it a notarized form?

1558
01:31:18,800 --> 01:31:20,080
 I don't think so.

1559
01:31:20,080 --> 01:31:22,100
 I think we used to.

1560
01:31:22,100 --> 01:31:23,100
 No.

1561
01:31:23,100 --> 01:31:24,100
 Okay.

1562
01:31:24,100 --> 01:31:28,640
 So that's interesting because the applicant in this situation, if they're a tenant, is

1563
01:31:28,640 --> 01:31:29,640
 coming to you.

1564
01:31:29,640 --> 01:31:31,520
 The owner is never coming to you.

1565
01:31:31,520 --> 01:31:33,560
 Well, and that is a good point.

1566
01:31:33,560 --> 01:31:38,200
 And that is something we talked about in DCRC quite a bit about that owner authorization

1567
01:31:38,200 --> 01:31:42,880
 because the owner and the person needing the accommodation could very well be two different

1568
01:31:42,880 --> 01:31:43,880
 people.

1569
01:31:43,880 --> 01:31:44,880
 Right.

1570
01:31:44,880 --> 01:31:48,640
 So that's why we really wanted that owner authorization to make sure that everybody

1571
01:31:48,640 --> 01:31:56,940
 was well-informed of what was taking place and what was being requested by the city.

1572
01:31:56,940 --> 01:31:59,920
 I mean, would you ever follow up to make sure that that's the owner?

1573
01:31:59,920 --> 01:32:06,140
 I mean, I guess I'm confused that way in the sense that, not that anyone would try this,

1574
01:32:06,140 --> 01:32:10,680
 and I hope they wouldn't, but I'm just wondering, I mean, we've got a lot of landlords who don't

1575
01:32:10,680 --> 01:32:16,620
 live here, and they may not know what's going on with their house, and suddenly someone

1576
01:32:16,620 --> 01:32:20,000
 comes and changes their property.

1577
01:32:20,000 --> 01:32:26,480
 And I'm just wondering, should we think about, I don't want to complicate it for you all,

1578
01:32:26,480 --> 01:32:33,520
 but I'm just wondering how you know that they brought the owner's signature on that authorization

1579
01:32:33,520 --> 01:32:34,520
 form?

1580
01:32:34,520 --> 01:32:40,280
 Well, I would add, excuse me, sorry about that, I think with any development application

1581
01:32:40,280 --> 01:32:46,240
 form that we have, if we have concerns regarding whether or not the owner had signed the form,

1582
01:32:46,240 --> 01:32:51,080
 you know, we can do a basic quick check and look on DCAD records and see what's listed

1583
01:32:51,080 --> 01:32:55,880
 and then verify with the applicant that they did receive the owner's signature.

1584
01:32:55,880 --> 01:33:02,520
 I mean, but with the development applications that we received today, you know, we've employed

1585
01:33:02,520 --> 01:33:09,060
 a consistent process as that, and we have the ability to cross-check with the Denton

1586
01:33:09,060 --> 01:33:14,600
 Central Appraisal District, but we take it at face value that what is submitted is submitted

1587
01:33:14,600 --> 01:33:19,200
 to us with property owner authorization.

1588
01:33:19,200 --> 01:33:23,360
 Okay.

1589
01:33:23,360 --> 01:33:26,860
 Any other questions for Julie?

1590
01:33:26,860 --> 01:33:27,860
 Thank you.

1591
01:33:27,860 --> 01:33:28,860
 That was a lot of information.

1592
01:33:28,860 --> 01:33:31,160
 It looks like that was succinctly done.

1593
01:33:31,160 --> 01:33:32,600
 I appreciate that very much.

1594
01:33:32,600 --> 01:33:35,840
 I can tell the DCR is very hard on that.

1595
01:33:35,840 --> 01:33:36,840
 This is a public hearing.

1596
01:33:36,840 --> 01:33:39,040
 I don't have any cards in front of me.

1597
01:33:39,040 --> 01:33:41,480
 Is there anyone wishing to speak on this item?

1598
01:33:41,480 --> 01:33:42,480
 Okay.

1599
01:33:42,480 --> 01:33:49,440
 Seeing none, I'll go ahead and close the public hearing and open the floor for a motion or

1600
01:33:49,440 --> 01:33:50,440
 discussion.

1601
01:33:50,440 --> 01:33:51,440
 Commissioner Smith.

1602
01:33:51,440 --> 01:33:54,360
 I just want to say thank you to staff for the hard work on this one.

1603
01:33:54,360 --> 01:33:59,480
 Being on DCRC, this was definitely a lot of different questions about maybe a topic that

1604
01:33:59,480 --> 01:34:03,000
 commission and even council might even look at and say it seems kind of straightforward

1605
01:34:03,000 --> 01:34:05,040
 and dry, but there's a lot of kinks we had to work out there.

1606
01:34:05,040 --> 01:34:11,200
 So thanks, Julie, and thanks to Ron for the hard work on that and Tina for the work putting

1607
01:34:11,200 --> 01:34:12,200
 into it.

1608
01:34:12,200 --> 01:34:14,520
 So with that, make a motion to approve.

1609
01:34:14,520 --> 01:34:15,520
 Commissioner Cole.

1610
01:34:15,520 --> 01:34:16,520
 Second.

1611
01:34:16,520 --> 01:34:17,520
 Okay.

1612
01:34:17,520 --> 01:34:22,320
 We've got a first and a second for approval.

1613
01:34:22,320 --> 01:34:23,320
 Any discussion?

1614
01:34:23,320 --> 01:34:24,320
 Yeah.

1615
01:34:24,320 --> 01:34:27,160
 I'll just say thank you commissioners for serving on that committee.

1616
01:34:27,160 --> 01:34:33,300
 I know that takes a lot of time, extra time, and yeah, there's a lot of information here

1617
01:34:33,300 --> 01:34:36,000
 and good changes happening.

1618
01:34:36,000 --> 01:34:39,440
 So thank you.

1619
01:34:39,440 --> 01:34:41,280
 I think with that, Commissioner Pruitt.

1620
01:34:41,280 --> 01:34:45,680
 Just maybe I missed it, but have we closed the public hearing?

1621
01:34:45,680 --> 01:34:46,680
 I did.

1622
01:34:46,680 --> 01:34:47,680
 Okay.

1623
01:34:47,680 --> 01:34:48,680
 Thank you.

1624
01:34:48,680 --> 01:34:49,680
 Thank you for checking.

1625
01:34:49,680 --> 01:34:50,680
 Appreciate it.

1626
01:34:50,680 --> 01:34:51,680
 Okay.

1627
01:34:51,680 --> 01:34:52,680
 Any other discussion?

1628
01:34:52,680 --> 01:34:53,680
 Okay.

1629
01:34:53,680 --> 01:35:02,760
 Let's go ahead and vote on the board, please.

1630
01:35:02,760 --> 01:35:04,640
 That motion carries 7-0.

1631
01:35:04,640 --> 01:35:15,040
 That will take us to our planning and zoning matrix, and I will turn the floor to Tina.

1632
01:35:15,040 --> 01:35:16,040
 Thank you, Chair Ellis.

1633
01:35:16,040 --> 01:35:19,560
 So I have quite a bit of information to share with you.

1634
01:35:19,560 --> 01:35:24,480
 So maybe not as long as Julie's presentation, but I will challenge her on her length.

1635
01:35:24,480 --> 01:35:28,680
 So as to the matrix itself, so just a couple of quick updates.

1636
01:35:28,680 --> 01:35:31,760
 So the first item on the matrix, we'll go ahead and remove that since we accomplished

1637
01:35:31,760 --> 01:35:33,120
 that this evening.

1638
01:35:33,120 --> 01:35:37,520
 And then with respect to the discussion about removing minimum parking requirements from

1639
01:35:37,520 --> 01:35:43,000
 the DDC, originally we were anticipating getting to that discussion with DCRC last Monday.

1640
01:35:43,000 --> 01:35:46,400
 Unfortunately, our other topic took the whole entire time, is my understanding.

1641
01:35:46,400 --> 01:35:51,900
 So we will resume and initiate that conversation this coming Monday with the DCRC.

1642
01:35:51,900 --> 01:35:54,240
 So know that we will be kicking that off.

1643
01:35:54,240 --> 01:35:59,180
 Otherwise, we did not have any other matrix requests to be added from our previous planning

1644
01:35:59,180 --> 01:36:00,400
 and zoning commission meetings.

1645
01:36:00,400 --> 01:36:08,160
 So in terms of city council action on items, so we had several cases at the last city council

1646
01:36:08,160 --> 01:36:09,160
 meeting.

1647
01:36:09,160 --> 01:36:13,320
 If you recall, Julie presented three cases that were related with each other, a comprehensive

1648
01:36:13,320 --> 01:36:18,560
 plan amendment, a rezoning, and a specific use permit for property, about a 24-acre property

1649
01:36:18,560 --> 01:36:21,760
 on May Hill just north of Russell Newman.

1650
01:36:21,760 --> 01:36:23,920
 All of those items were approved.

1651
01:36:23,920 --> 01:36:28,600
 Part of that discussion was related to have a reconsideration of the planning and zoning

1652
01:36:28,600 --> 01:36:29,600
 commission.

1653
01:36:29,600 --> 01:36:35,960
 We all had submitted a request for that, and that request did not prevail.

1654
01:36:35,960 --> 01:36:39,880
 Part of the challenge was that the zoning case had already been noticed for city council

1655
01:36:39,880 --> 01:36:41,480
 and posted on council's agenda.

1656
01:36:41,480 --> 01:36:44,200
 So there was much discussion related to that.

1657
01:36:44,200 --> 01:36:49,720
 Key takeaway from that is we need to codify some procedures as it relates to reconsideration

1658
01:36:49,720 --> 01:36:53,800
 requests, including addressing what happens if something has already been noticed for

1659
01:36:53,800 --> 01:36:55,400
 city council's consideration.

1660
01:36:55,400 --> 01:36:59,440
 So we will add that to our to-do list of code amendments to be able to get that accomplished.

1661
01:36:59,440 --> 01:37:04,880
 But otherwise, all three of those applications were approved by council that evening.

1662
01:37:04,880 --> 01:37:09,300
 We also had a zoning request, if you recall, Sean had presented it at a prior planning

1663
01:37:09,300 --> 01:37:14,280
 and zoning commission meeting a request on Bonnie Bray north of Windsor.

1664
01:37:14,280 --> 01:37:19,680
 If members remember correctly, that was to rezone from R2 to an MN zoning district.

1665
01:37:19,680 --> 01:37:20,680
 Thank you, Haley.

1666
01:37:20,680 --> 01:37:27,420
 And so that case, while it had a motion for approval and the vote was 4-3, it did trigger

1667
01:37:27,420 --> 01:37:28,680
 a supermajority vote.

1668
01:37:28,680 --> 01:37:32,220
 So that case was not approved.

1669
01:37:32,220 --> 01:37:34,260
 So that took place.

1670
01:37:34,260 --> 01:37:38,800
 Also there was an alternative ESA plan that was approved by council for the site on 380,

1671
01:37:38,800 --> 01:37:41,280
 about 1600 feet west of Western Boulevard.

1672
01:37:41,280 --> 01:37:47,560
 If you recall, that was to be able to address an environmentally sensitive area where some

1673
01:37:47,560 --> 01:37:49,200
 parking improvements were going to be done.

1674
01:37:49,200 --> 01:37:52,240
 So council did approve that.

1675
01:37:52,240 --> 01:37:55,960
 Also at that same meeting, the downtown advisory group was appointed.

1676
01:37:55,960 --> 01:38:02,840
 So we have initiated work, obviously on the downtown master plan update that we have ongoing.

1677
01:38:02,840 --> 01:38:08,080
 Southeast Denton steering committee also received two attendees, or excuse me, two new committee

1678
01:38:08,080 --> 01:38:09,400
 appointees.

1679
01:38:09,400 --> 01:38:12,400
 So they have been since added.

1680
01:38:12,400 --> 01:38:18,320
 And then speaking of our area plans, so this Friday evening, we have our Southeast Denton

1681
01:38:18,320 --> 01:38:19,680
 steering committee meeting.

1682
01:38:19,680 --> 01:38:21,480
 So that is taking place.

1683
01:38:21,480 --> 01:38:25,760
 And then this Saturday, for those that are interested, we do have a community workshop.

1684
01:38:25,760 --> 01:38:29,520
 It is from 10 a.m. to 2 p.m., American Legion Hall, correct?

1685
01:38:29,520 --> 01:38:30,520
 Okay.

1686
01:38:30,520 --> 01:38:31,520
 Yes, at the American Legion Hall.

1687
01:38:31,520 --> 01:38:34,360
 And again, it's a workshop, it's a come and go event.

1688
01:38:34,360 --> 01:38:38,120
 There's a presentation that will be given that will be happening at two different times.

1689
01:38:38,120 --> 01:38:44,080
 But otherwise it is a come and go event so people can participate in the activities and

1690
01:38:44,080 --> 01:38:47,140
 then get back to enjoying the rest of their Saturday.

1691
01:38:47,140 --> 01:38:53,080
 Also other items of interest for you all, October 17th, make sure that is on your calendar.

1692
01:38:53,080 --> 01:38:57,800
 It is a joint meeting with the City Council regarding the Northeast Denton area plan that

1693
01:38:57,800 --> 01:39:00,320
 is just between the Planning and Zoning Commission and City Council.

1694
01:39:00,320 --> 01:39:05,040
 So I believe we're planning for that to be at 11, doing a working lunch again, kind of

1695
01:39:05,040 --> 01:39:07,280
 similar to what we did previously.

1696
01:39:07,280 --> 01:39:08,880
 So make sure you've got that on your calendar.

1697
01:39:08,880 --> 01:39:12,900
 And of course, Kathy is really good about sending those invites to have on your calendars

1698
01:39:12,900 --> 01:39:14,280
 as well.

1699
01:39:14,280 --> 01:39:17,760
 And then if that's not enough, we're also working on short-term rentals.

1700
01:39:17,760 --> 01:39:21,800
 And so you may have seen some of the public service announcements on Channel 5 that have

1701
01:39:21,800 --> 01:39:24,520
 been covering our work on the amendment.

1702
01:39:24,520 --> 01:39:30,900
 So if you recall, the DCRC had requested that we do some public engagement before they made

1703
01:39:30,900 --> 01:39:34,000
 any additional decisions related to proposed code amendments.

1704
01:39:34,000 --> 01:39:37,120
 And so we've held two town hall events.

1705
01:39:37,120 --> 01:39:39,920
 One was an in-person town hall event last Thursday evening.

1706
01:39:39,920 --> 01:39:43,500
 I would say we had roughly 25 people in attendance, plus or minus.

1707
01:39:43,500 --> 01:39:47,640
 And then we had a virtual town hall this past Monday evening where we had about 20 people

1708
01:39:47,640 --> 01:39:48,760
 in attendance for that.

1709
01:39:48,760 --> 01:39:53,640
 So we have all of the information posted on and discussed.

1710
01:39:53,640 --> 01:39:57,800
 Right now we do have an online survey that is taking place as it relates to short-term

1711
01:39:57,800 --> 01:39:58,800
 rental regulations.

1712
01:39:58,800 --> 01:40:04,680
 So if that is of interest or if you know people where this is of interest to them, whether

1713
01:40:04,680 --> 01:40:09,900
 they're a resident or an operator here within the community, I would encourage you to direct

1714
01:40:09,900 --> 01:40:11,440
 them to that survey.

1715
01:40:11,440 --> 01:40:14,120
 So we are interested in receiving feedback.

1716
01:40:14,120 --> 01:40:18,280
 For folks that participated in the town hall meetings, we encourage them to take the survey

1717
01:40:18,280 --> 01:40:22,120
 because there are some items that we're seeking feedback on that were not necessarily brought

1718
01:40:22,120 --> 01:40:24,700
 up in part of the Q&A and in the presentation we did.

1719
01:40:24,700 --> 01:40:29,000
 So know that that is live, and my apologies, I should have written down the date for when

1720
01:40:29,000 --> 01:40:30,000
 that closes.

1721
01:40:30,000 --> 01:40:31,320
 But I think we have it open about three weeks.

1722
01:40:31,320 --> 01:40:32,320
 I'm sorry.

1723
01:40:32,320 --> 01:40:33,400
 Oh, September 8th.

1724
01:40:33,400 --> 01:40:38,200
 So yes, so September 8th we'll have that close and then we'll accumulate all that data and

1725
01:40:38,200 --> 01:40:43,780
 then bring that back to the DCRC to make some finishing touches on the proposed code amendments

1726
01:40:43,780 --> 01:40:45,420
 if need be.

1727
01:40:45,420 --> 01:40:47,800
 One we know we needed to adjust was parking.

1728
01:40:47,800 --> 01:40:50,440
 It was not easily understood as what the intent on the parking was.

1729
01:40:50,440 --> 01:40:54,080
 So that's something that we'll need to bring back to DCRC, but otherwise know that that

1730
01:40:54,080 --> 01:40:58,600
 is out there and we continue to work on that project and we'll be bringing that back.

1731
01:40:58,600 --> 01:41:06,480
 So I believe that concludes, yes, that concludes my comments for this evening, so thank you.

1732
01:41:06,480 --> 01:41:10,840
 Thank you for bringing this up to date.

1733
01:41:10,840 --> 01:41:11,840
 Anything to add to the matrix?

1734
01:41:11,840 --> 01:41:19,040
 I just got questions, the southeast area planning meeting on the 25th, what's the time and place

1735
01:41:19,040 --> 01:41:20,760
 that that's going to occur?

1736
01:41:20,760 --> 01:41:21,760
 Six p.m.

1737
01:41:21,760 --> 01:41:23,960
 And is that at our building?

1738
01:41:23,960 --> 01:41:24,960
 Our building, right?

1739
01:41:24,960 --> 01:41:27,880
 So the Development Services Center, so our meeting rooms that are up there in the front,

1740
01:41:27,880 --> 01:41:28,880
 that's where we'll have that.

1741
01:41:28,880 --> 01:41:29,880
 All right.

1742
01:41:29,880 --> 01:41:30,880
 Thank you.

1743
01:41:30,880 --> 01:41:31,880
 Are those closed meetings?

1744
01:41:31,880 --> 01:41:35,600
 I know if the community want to just come and listen, are they allowed or is that a

1745
01:41:35,600 --> 01:41:36,600
 closed meeting?

1746
01:41:36,600 --> 01:41:39,760
 No, they're open to the public, so we follow the Texas Open Meetings Act for the Steering

1747
01:41:39,760 --> 01:41:40,760
 Committee meetings.

1748
01:41:40,760 --> 01:41:44,640
 So if anybody's interested in coming and listen, they're more than welcome to, so discussion

1749
01:41:44,640 --> 01:41:48,480
 will be limited to the Steering Committee and the project team, but anyone is welcome

1750
01:41:48,480 --> 01:41:49,480
 to come and listen.

1751
01:41:49,480 --> 01:41:50,480
 All right.

1752
01:41:50,480 --> 01:41:51,480
 Thank you.

1753
01:41:51,480 --> 01:41:52,480
 You're welcome.

1754
01:41:52,480 --> 01:41:53,480
 Commissioner Pruitt?

1755
01:41:53,480 --> 01:41:54,480
 Yeah, just another quick question.

1756
01:41:54,480 --> 01:42:00,160
 On the Northeast Denton area plan, is the intention to have that implementation workshop

1757
01:42:00,160 --> 01:42:09,840
 before the next, the October dual council plus PNZ meeting or is that after or?

1758
01:42:09,840 --> 01:42:14,400
 I don't have the calendar committed in my memory, so I'd have to follow up with you.

1759
01:42:14,400 --> 01:42:18,640
 Yeah, so I'll have to follow up with you on that one.

1760
01:42:18,640 --> 01:42:19,640
 Okay.

1761
01:42:19,640 --> 01:42:20,640
 That's fine.

1762
01:42:20,640 --> 01:42:23,840
 Anything else for the matrix?

1763
01:42:23,840 --> 01:42:29,920
 Tina, I'm glad you had brought up that you're moving forward with some kind of changes somewhere

1764
01:42:29,920 --> 01:42:34,800
 with what happened at City Council last week with the reconsideration.

1765
01:42:34,800 --> 01:42:38,480
 So I mean, probably the easiest thing is to make sure that that scheduling just doesn't

1766
01:42:38,480 --> 01:42:40,920
 happen ever where they're back to back.

1767
01:42:40,920 --> 01:42:47,280
 I mean, reconsideration is certainly an option that this body has and I mean, it did seem

1768
01:42:47,280 --> 01:42:52,080
 like people weren't quite sure what to do with that, with just the way it was scheduled.

1769
01:42:52,080 --> 01:42:55,480
 It was kind of an unfortunate and unique circumstance.

1770
01:42:55,480 --> 01:42:59,680
 So yeah, I'm glad it's being discussed and it can be rectified if possible.

1771
01:42:59,680 --> 01:43:06,160
 Yeah, and in hindsight, having some better codified procedures as it relates to reconsideration

1772
01:43:06,160 --> 01:43:11,000
 would be helpful because right now the DDC does not address that, so it defers to council's

1773
01:43:11,000 --> 01:43:12,000
 procedures.

1774
01:43:12,000 --> 01:43:16,640
 You know, normally a zoning case would follow our standard process, which is about three

1775
01:43:16,640 --> 01:43:20,240
 weeks between the Planning and Zoning Commission meeting and the council, so it accommodates

1776
01:43:20,240 --> 01:43:24,320
 for the timelines on the reconsideration, but there are times when we do need to move

1777
01:43:24,320 --> 01:43:29,440
 a zoning case from PNZ to council at a quicker pace and so I think it would be important

1778
01:43:29,440 --> 01:43:34,480
 that our procedures be updated to acknowledge that and what does transpire and take place

1779
01:43:34,480 --> 01:43:35,480
 in that event.

1780
01:43:35,480 --> 01:43:39,320
 So in that particular case, that was one of those that went to the Planning and Zoning

1781
01:43:39,320 --> 01:43:42,080
 Commission one week and was on the city council agenda for the next week.

1782
01:43:42,080 --> 01:43:47,000
 So we recognize the challenge there, but understood.

1783
01:43:47,000 --> 01:43:48,280
 Thank you.

1784
01:43:48,280 --> 01:43:51,320
 Okay, any concluding items?

1785
01:43:51,320 --> 01:43:53,760
 Commissioner Smith?

1786
01:43:53,760 --> 01:43:58,720
 Dog days is on September 9th, 2023.

1787
01:43:58,720 --> 01:44:02,320
 Thank you.

1788
01:44:02,320 --> 01:44:04,080
 Any other concluding items?

1789
01:44:04,080 --> 01:44:08,680
 Okay, seeing none, I will adjourn this at 7.09 p.m.

1790
01:44:08,680 --> 01:44:09,280
 Thank you very much.